DECISION

 

YHSGR Holdings, LLC v. Nancy Kowalik

Claim Number: FA2506002160114

 

PARTIES

Complainant is YHSGR Holdings, LLC ("Complainant"), represented by Melanie K. Lane of Bekiares Eliezer LLP dba Founders Legal, Georgia, USA. Respondent is Nancy Kowalik ("Respondent"), New Jersey, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <yourhomesoldguaranteedrealty-nancykowalikgroup.com>, registered with GoDaddy.com, LLC.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Héctor Ariel Manoff as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on June 10, 2025; Forum received payment on June 10, 2025.

 

On June 11, 2025, GoDaddy.com, LLC confirmed by e-mail to Forum that the <yourhomesoldguaranteedrealty-nancykowalikgroup.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, 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 June 12, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 2, 2025 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@yourhomesoldguaranteedrealty-nancykowalikgroup.com. Also on June 12, 2025, the Written Notice of the Complaint, notifying Respondent of the e-mail 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 July 3rd., 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Héctor Ariel Manoff 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

 

1- Complainant, YHSGR Holdings, LLC owns the federally registered trademark for the design mark YOUR HOME SOLD GUARANTEED REALTY OUR NAME IS OUR PROMISE (U.S. Registration No. 6669468) and the pending design mark YOUR HOME SOLD GAURANTEED (U.S. Application Serial No. 90711299).

2- The YHSG Marks are registered in connection with "real estate agency services; real estate brokerage; real estate consultation; residential real estate agency services" in international class 36.

3- YHSGR owns the domain name <www.yourhomesoldguaranteedrealty-corporate.com> to offer those services in connection with its marks.

4- Complainant states that Respondent is a previous affiliate of Complainant and entered into a licensing agreement for the use of the YHSG marks.

5- The disputed domain name, <yourhomesoldguaranteedrealty-nancykowalikgroup.com> is confusingly similar to the Complainant's trademarks, and its own domain name.

6- The disputed domain name follows the identical format to all of Complainant's licensees.

7- Respondent has no legitimate interest to the disputed domain name.

8- Respondent uses the <yourhomesoldguaranteedrealty-nancykowalikgroup.com> domain name in bad faith.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

The Panel concludes that this dispute contains a question of contractual interpretation and thus falls outside the scope of the UDRP, and as such, the remainder of the claims and allegations will not be addressed.

 

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 Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint").

 

PRELIMINARY ISSUE: DISPUTE EXCEEDS THE SCOPE OF THE POLICY

Complainant owns the federally registered trademark YOUR HOME SOLD GUARANTEED REALTY OUR NAME IS OUR PROMISE (U.S. Registration No. 6669468) and the pending YOUR HOME SOLD GAURANTEED (U.S. Application Serial No. 90711299) to identify real estate agency services; real estate brokerage; real estate consultation; residential real estate agency services" in international class 36 (Annex 1 and 2).

 

Complainant also owns the domain name <yourhomesoldguaranteedrealty-corporate.com>.

 

Complainant states that Respondent is a previous affiliate of Complainant and entered into a licensing agreement for the use of the YHSG marks, and provided a copy of the contract (Annex 3).

 

Based on the evidence provided by Complainant (the license contract between both parties), the Panel finds that it is necessary for the arbitrator to review and interpret said agreement to reach a decision, which is outside the scope of the UDRP.

 

The Panel finds that this is a business and/or contractual dispute between two parties that falls outside the scope of the UDRP. See Love v. Barnett, FA 944826 (Forum May 14, 2007) ("A dispute, such as the present one, between parties who each have at least a prima facie case for rights in the disputed domain names is outside the scope of the Policy … the present case appears to hinge mostly on a business or civil dispute between the parties, with possible causes of action for breach of contract or fiduciary duty."); see also Luvilon Indus. NV v. Top Serve Tennis Pty Ltd., DAU2005-0004 (WIPO Sept. 6, 2005) ("[The Policy's purpose is to] combat abusive domain name registrations and not to provide a prescriptive code for resolving more complex trademark disputes .… The issues between the parties are not limited to the law of trademarks. There are other intellectual property issues. There are serious contractual issues. There are questions of governing law and proper forum if the matter were litigated. Were all the issues fully ventilated before a Court of competent jurisdiction, there may be findings of implied contractual terms, minimum termination period, breach of contract, estoppels or other equitable defenses. So far as the facts fit within trademark law, there may be arguments of infringement, validity of the registrations, ownership of goodwill, local reputation, consent, acquiescence, and so on.").

 

Based upon the aforementioned cases and grounds this Panel finds that the present dispute is outside the UDRP and declines to consider the case under the three elements of the Policy. See Frazier Winery LLC v. Hernandez, FA 841081 (Forum Jan. 2, 2007) (holding that disputes arising out of a business relationship between the complainant and the respondent regarding control over the domain name registration are outside the scope of the UDRP).

 

DECISION

The Complaint is dismissed because the issues are outside the scope of the UDRP. Therefore, the relief requested is DENIED.

 

Accordingly, it is Ordered that the <yourhomesoldguaranteedrealty-nancykowalikgroup.com> domain name REMAIN WITH Respondent.

 

 

 

Héctor Ariel Manoff, Panelist

Dated: July 8, 2025