DECISION

 

Ruckus IP Holdings LLC v. Fatihia Bakari

Claim Number: FA2506002161082

 

PARTIES

Complainant is Ruckus IP Holdings LLC ("Complainant"), represented by William Schultz of Merchant & Gould, Minnesota, USA. Respondent is Fatihia Bakari ("Respondent"), Texas, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <ruckus.one>, registered with NameCheap, Inc.

 

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.

 

Sandra J. Franklin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on June 16, 2025; Forum received payment on June 16, 2025.

 

On June 17, 2025, NameCheap, Inc. confirmed by e-mail to Forum that the <ruckus.one> 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 June 18, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 8, 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@ruckus.one. Also on June 18, 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.

 

A timely Response was received and determined to be complete on June 26, 2025.

 

On June 26, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Sandra J. Franklin 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.

 

RELIEF SOUGHT

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

 

PARTIES' CONTENTIONS

A. Complainant

1.       Respondent's <ruckus.one> domain name is confusingly similar to Complainant's RUCKUS mark.

 

2.       Respondent does not have any rights or legitimate interests in the <ruckus.one> domain name.

 

3.       Respondent registered and uses the <ruckus.one> domain name in bad faith to offer it for sale.

 

B. Respondent

1.       Respondent does not dispute Complainant's rights in the RUCKUS mark.

 

2.        Respondent registered <ruckus.one> using the common word "ruckus".

 

3.       Respondent consents to the transfer of the <ruckus.one> domain name to Complainant.

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

Complainant claims that Respondent's registration of the <ruckus.one> domain name is part of a pattern of bad faith and cites the single case Leidos, Inc. v. Fatihia Bakari, FA2150776 (Forum, May 7, 2005) (transferring <leidos.shop>) as proof. However, the Panel notes that the Leidos case does not involve a common word, as this case does. Complainant also argues that Respondent is particularly demonstrating bad faith regarding its RUCKUS ONE mark, yet earlier in its complaint notes that the ".one" top-level domain in <ruckus.one> is irrelevant in determining confusing similarity. The Panel notes Respondent's clever registration of Complainant's RUCKUS mark with the ".one" TLD. Nonetheless, the word "ruckus" is indeed a common word and Respondent consents to transfer the <ruckus.one> domain name to Complainant. Both parties seek the same relief. The Panel therefore finds that, in this case, it is prudent to order transfer without analyzing the elements of the Policy.

 

DECISION

The Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <ruckus.one> domain name be TRANSFERRED from Respondent to Complainant.

 

 

Sandra J. Franklin, Panelist

Dated: June 27, 2025