DECISION

 

Moriah Elizabeth and ME Productions, LLC v. Truong Nguyen Van

Claim Number: FA2503002143147

 

PARTIES

Complainant is Moriah Elizabeth and ME Productions, LLC ("Complainant"), United States, represented by Chintan A. Desai of Lippes Mathias LLP, United States. Respondent is Truong Nguyen Van ("Respondent"), Vietnam.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <moriahelizabethmerchandise.com>, registered with NameCheap, Inc.

 

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 March 3, 2025; Forum received payment on March 3, 2025.

 

On March 4, 2025, NameCheap, Inc. confirmed by email to Forum that the <moriahelizabethmerchandise.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 March 6, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 26, 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@moriahelizabethmerchandise.com. Also on March 6, 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 March 27, 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.

 

PRELIMINARY ISSUE: MULTIPLE COMPLAINANTS

Complainant includes an individual and a closely held limited liability company that the individual uses in connection with certain of her commercial activities and intellectual property. The Panel considers it appropriate to treat them as a single entity for purposes of this proceeding. See Moriah Elizabeth & ME Productions, LLC v. Muhammad Khan, FA 2034717 (Forum Apr. 3, 2023) (permitting joint complaint based upon sufficient nexus under Forum's Supplemental Rule 1(e)).

 

PARTIES' CONTENTIONS

A. Complainant

Complainant is an artist, creator, author, and influencer. Complainant's art and DIY craft channel on YouTube launched in 2010 and has amassed more than 10 million subscribers. Complainant uses MORIAH ELIZABETH on social media and elsewhere to promote entertainment services and various merchandise, including apparel, plushies, collectibles, and other products. Complainant owns United States trademark registrations for MORIAH ELIZABETH in standard character form and for other related marks. Complainant also owns the domain names <moriahelizabeth.com> and <moriahelizabethmerch.com>, which she uses to share content and promote merchandise.

 

The disputed domain name <moriahelizabethmerchandise.com> was registered in February 2024. The name is registered in the name of a privacy registration service on behalf of Respondent. The domain name is being used for a website entitled "Official Moriah Elizabeth Merch" that prominently displays Complainant's MORIAH ELIZABETH mark and logo, and offers or purports to offer for sale products similar to those offered by Complainant. Complainant states that these products are unauthorized, and alleges that Respondent is using the website to obtain personal and payment information from users. Complainant states that Respondent is not commonly known by the domain name and is not authorized to use Complainant's mark.

 

Complainant contends on the above grounds that the disputed domain name <moriahelizabethmerchandise.com> is confusingly similar to Complainant's MORIAH ELIZABETH 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 <moriahelizabethmerchandise.com> incorporates Complainant's registered MORIAH ELIZABETH trademark, omitting the space and adding the generic term "merchandise" and the ".com" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Kendrick Lamar Duckworth & Nomo Hashimoto, LLC v. Tomas Lain, Saratovskaya Oblast, Chung Do, Abid Ali, proin SEO, ijaz amin, Bhavya Popli, sajid mahe, itnas, D2024-1805 (WIPO July 2, 2024) (finding <kendricklamarmerchandise.com> confusingly similar to KENDRICK LAMAR); Moriah Elizabeth & ME Productions, LLC v. Muhammad Khan, supra (finding <moriahelizabethmerch.store> confusingly similar to MORIAH ELIZABETH). 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 it is being used for a misleading website that attempts to pass off as Complainant and offers for sale unauthorized and unlicensed merchandise. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Kendrick Lamar Duckworth & Nomo Hashimoto, LLC v. Tomas Lain, et al., supra (finding lack of rights or interests in similar circumstances); Moriah Elizabeth & ME Productions, LLC v. Muhammad Khan, 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 used a privacy registration service to register a domain name incorporating Complainant's mark without authorization, and is using the domain name for a misleading website that attempts to pass off as Complainant and offers for sale unauthorized and unlicensed merchandise. Such use is indicative of bad faith registration and use under the Policy. See, e.g., Kendrick Lamar Duckworth & Nomo Hashimoto, LLC v. Tomas Lain, et al., supra (finding bad faith registration and use in similar circumstances); Moriah Elizabeth & ME Productions, LLC v. Muhammad Khan, 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 <moriahelizabethmerchandise.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

David E. Sorkin, Panelist

Dated: March 27, 2025