DECISION

 

Midjourney, Inc. v. qiu bin / bei jing zi xuan ke ji you xian gong si

Claim Number: FA2603002212973

 

PARTIES

Complainant is Midjourney, Inc. ("Complainant"), represented by Judd Lauter of Cooley LLP, California, USA. Respondent is qiu bin / bei jing zi xuan ke ji you xian gong si ("Respondent"), China.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <midjourneyx.com>, registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn).

 

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.

 

Alan L. Limbury, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on March 29, 2026. Forum received payment on March 29, 2026.

 

On March 30, 2026, Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) confirmed by e-mail to Forum that the <midjourneyx.com> domain name is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) and that Respondent is the current registrant of the name. Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) has verified that Respondent is bound by the Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) registration agreement, which is in Chinese, 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 April 7, 2026, Forum served the Complaint and all Annexes, including a Chinese and English Written Notice of the Complaint, setting a deadline of April 27, 2026 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@midjourneyx.com. Also on April 7, 2026, the Chinese and English 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 in Chinese and English.

 

On April 28, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury 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: LANGUAGE OF THE PROCEEDING

As noted, the Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) registration agreement is in Chinese. Pursuant to Rule 11(a), the language of the proceeding in relation to the <midjourneyx.com> domain name shall be Chinese unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.

 

Complainant requests that the proceeding be conducted in English, noting that the <midjourneyx.com> domain name is in English and resolves to an English language website. In the absence of any Response, these circumstances satisfy the Panel that Respondent is likely to be proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding.

 

Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the Chinese and English language Written Notice of the Complaint and, absent a Response, determines that the proceedings may be conducted in English.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant, Midjourney, Inc., is an innovative independent research laboratory that uses artificial intelligence ("AI") software to enable users of its namesake platform to generate novel images from text and image prompts. Complainant's primary website is located at "www.midjourney.com".

 

Complainant started a private beta of its MIDJOURNEY generative AI services in early 2022 and quickly garnered a significant user base in the tens of thousands and widespread acclaim. On June 11, 2022 an image created using Complainant's MIDJOURNEY platform was featured on the cover of The Economist, and Complainant and the MIDJOURNEY mark were featured extensively within an article about generative AI.

 

Complainant subsequently launched the public beta version of the MIDJOURNEY platform in early July 2022, which is accessed via the third-party service, Discord. Complainant quickly earned widespread acclaim as a leader in generative AI, and its user base grew dramatically. As of the filing of this complaint, Complainant's Discord server has nearly 19.5 million members, with typically well over a million members online at any given time.

 

The MIDJOURNEY mark identifies Complainant's well-known, innovative, and industry-leading generative AI platform. The MIDJOURNEY mark is inherently distinctive, recognized among the consuming public, and subject to common law protection in the United States as a result of Complainant's exclusive use of the MIDJOURNEY mark, the regular publication of unsolicited stories in the media, and the large, enthusiastic, and loyal userbase that the MIDJOURNEY platform enjoys. Complainant owns numerous trademark filings for the trademark MIDJOURNEY in connection with software and other goods/services.

 

Because of Complainant's prominence in the field of generative AI, and the strong association between Complainant and software, Internet users encountering the trademark MIDJOURNEY in connection with the promotion of AI software will naturally assume that such software originates from or is otherwise associated with Complainant.

 

The <midjourneyx.com> domain name is confusingly similar to Complainant's MIDJOURNEY mark.

 

Respondent lacks any right or legitimate interest in the <midjourneyx.com> domain name. Respondent is not commonly known as the domain name or any name containing Complainant's MIDJOURNEY mark. Respondent's WHOIS information in connection with the domain name makes no mention of the domain name or the MIDJOURNEY mark as Respondent's name or nickname. Complainant has not authorized or licensed Respondent to use any of its trademarks in any way. Neither can Respondent legitimately claim that it is offering bona fide services. The domain name resolves to a clone of Complainant's website in an effort to impersonate Complainant.

 

Respondent has registered and is using the <midjourneyx.com> domain name in bad faith. The distinctive and unique qualities of the MIDJOURNEY mark, a coined term adopted by Complainant well prior to the registration of the domain name, render it wholly implausible that Respondent created the domain name independently and it is impossible to conceive of any potential legitimate use of the domain name.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant has established all the elements entitling it to relief.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted 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 the domain name should be cancelled or transferred:

 

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

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

(iii)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 as 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').

 

Identical and/or Confusingly Similar

Complainant has shown that it has rights in the MIDJOURNEY mark both at common law through extensive use and third-party recognition since early 2022, and through registrations, including in Hong Kong (Reg. No. 306198599, registered on March 20, 2023) and with the USPTO (e.g., Reg. No. 7,358,148 registered on April 16, 2024).

 

The Panel finds Respondent's <midjourneyx.com> domain name to be confusingly similar to Complainant's MIDJOURNEY mark, differing only by the addition of the letter "x". The inconsequential ".com" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429.

 

Complainant has established this element.

 

Rights or Legitimate Interests

Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e.

 

(i)         before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

 

(ii)         Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or

 

(iii)        Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.

 

The <midjourneyx.com> domain name was registered on December 24, 2025, long after Complainant acquired common law rights in its MIDJOURNEY mark and after Complainant's Hong Kong and United States registrations. It resolves to a website with text copied from Complainant's website and purporting to be a website of Complainant.

 

These circumstances, together with Complainant's assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <midjourneyx.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (Forum July 17, 2019). Respondent has made no attempt to do so.

 

The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.

 

Complainant has established this element.

 

Registration and Use in Bad Faith

Paragraph 4(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith". Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:

 

(iv)                      by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on your web site or location.

The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant and its well-known MIDJOURNEY mark when Respondent registered the <midjourneyx.com> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).

 

Complainant has established this element.

 

DECISION

Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

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

 

 

 

Alan L. Limbury, Panelist

Dated: April 30, 2026