DECISION

 

Wish US Holdings LLC v. leo / christo leo

Claim Number: FA2501002133768

 

PARTIES

Complainant is Wish US Holdings LLC ("Complainant"), United States, represented by Caitlin R. Byczko of Barnes & Thornburg LLP, United States. Respondent is leo / christo leo ("Respondent"), Malaysia.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <wish-global.life>, registered with NameSilo, LLC.

 

PANEL

The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.

 

David E. Sorkin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 7, 2025; Forum received payment on January 7, 2025.

 

On January 7, 2025, NameSilo, LLC confirmed by email to Forum that the <wish-global.life> domain name is registered with NameSilo, LLC and that Respondent is the current registrant of the names. NameSilo, LLC has verified that Respondent is bound by the NameSilo, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").

 

On January 8, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 28, 2025 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@wish-global.life. Also on January 8, 2025, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts.

 

Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.

 

On January 29, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules, and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant owns and operates a well-known e-commerce platform called WISH. Complainant has used the WISH trademark in connection with a variety of goods and services, including online retail store services and online marketplace services, since at least as early as 2011. The platform currently has approximately 23 million monthly active users. Complainant owns trademark registrations for WISH and related marks in many jurisdictions; these include registrations for WISH in both standard character and stylized form in the United States and Malaysia. Complainant also asserts common law trademark rights.

 

The disputed domain name <wish-global.life> was registered in September 2024. The name is registered to Respondent, although Respondent's identity is redacted from the public domain name registration record. The domain name currently does not appear to resolve to a website. Complainant alleges with supporting evidence that Respondent has used the domain name to impersonate Complainant for fraudulent purposes, establishing a fake WISH platform for users to fulfill fake orders and requiring users to transfer funds into the platform. Complainant states that Respondent is not commonly known by the domain name, is not affiliated with Complainant, and is not licensed or otherwise authorized to use Complainant's mark.

 

Complainant notes that Respondent has previously registered other domain names that have been subject to transfer decisions under the Policy, citing Thomas Publishing Co. v. Leo / Christo Leo, FA 2077321 (Forum Jan. 28, 2024) (ordering transfer of <thomashop.cool>); Thomas Publishing Co. v. Leo / Christo Leo / KOK SEONG CHONG, FA 2063527 (Forum Oct. 30, 2023) (ordering transfer of <thomashop.shop>, <thomashop.org>, <thomashop.info>, <oathomas.com> and <thomasgis.com>); Simon Property Group, L.P. v. Leo, Christo Leo, KOK SEONG CHONG, D2023-3470 (WIPO Oct. 23, 2023) (ordering transfer of <simonshop.co> and <simonshop.life>); Simon Property Group, L.P. v. Name Redacted, christo leo, leo, D2023-2020 (WIPO June 23, 2023) (ordering transfer of <simonshop.app>, <simonshop.com>, and <simonshop.org>). The Panel notes that another such decision was released shortly after the commencement of this proceeding. See Inriver AB v. Leo, Christo Leo, D2024-5005 (WIPO Jan. 11, 2025) (ordering transfer of <inriver.club>).

 

Complainant contends on the above grounds that the disputed domain name <wish-global.life> is confusingly similar to its WISH mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."

 

Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

 

(1)       the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and

(2)       Respondent has no rights or legitimate interests in respect of the domain name; and

(3)       the domain name has been registered and is being used in bad faith.

 

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a), and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; UDRP Perspectives on Recent Jurisprudence, §§ 0.2, 0.8 (updated Jan. 15, 2025), available at https://udrpperspectives.org/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").

 

Identical and/or Confusingly Similar

The disputed domain name <wish-global.life> incorporates Complainant's registered WISH trademark, adding a hyphen, the generic term "global," and the ".life" top-level domain. Such alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., ContextLogic Inc. v. 林 凡, FA 2009717 (Forum Oct. 2, 2022) (finding <wishglobal.live> confusingly similar to WISH). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.

 

Rights or Legitimate Interests

Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).

 

The disputed domain name incorporates Complainant's registered mark without authorization, and its sole apparent use has been to impersonate Complainant for fraudulent purposes. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., ContextLogic Inc. v. Fgergasdasdf Cvv, FA 2076110 (Forum Jan. 17, 2024) (finding lack of rights or interests in similar circumstances); ContextLogic Inc. v. 林 凡, supra (same).

 

Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.

 

Registration and Use in Bad Faith

Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."

 

Respondent registered a domain name incorporating Complainant's registered mark and has used it to impersonate Complainant for fraudulent purposes. Such circumstances are indicative of bad faith registration and use under the Policy. See, e.g., ContextLogic Inc. v. Fgergasdasdf Cvv, supra (finding bad faith registration and use in similar circumstances); ContextLogic Inc. v. 林 凡, supra (same). The Panel so finds.

 

DECISION

Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <wish-global.life> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

David E. Sorkin, Panelist

Dated: January 29, 2025