DECISION

 

Kylie Jenner, Inc. v. Milon Baral

Claim Number: FA2607002231086

 

PARTIES

Complainant is Kylie Jenner, Inc. ("Complainant"), represented by John L. Krieger of Dickinson Wright PLLC, Nevada, USA. Respondent is Milon Baral ("Respondent"), Bangladesh.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <kyliejennermerchs.com> (the "Disputed Domain Name"), 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 L. Kreider, Chartered Arbitrator (UK), as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on July 6, 2026; Forum received payment on July 6, 2026. Complainant submitted an Amended Complaint on July 14, 2026, following the Registrar's disclosure of the underlying registrant information.

 

On July 8, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <kyliejennermerchs.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 July 15, 2026, Forum served the Amended Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 4, 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@kyliejennermerchs.com. Also on July 15, 2026, 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 August 5, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David L. Kreider 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 alleges:

 

That it is a California corporation formed in August 2010, founded and solely owned by Kylie Jenner, a globally recognized beauty entrepreneur, media personality, and model who began her career in 2007 on the television series Keeping Up with the Kardashians and whose reach includes nearly 400 million followers on Instagram alone. Complainant offers a wide range of goods and services, from cosmetics and skin care to apparel and general consumer merchandise, under at least 26 U.S. registered trademarks (collectively, the "KYLIE Marks"), including KYLIE JENNER (U.S. Reg. No. 4440696), KYLIE (U.S. Reg. No. 6136540), KYLIE MERCH (U.S. Reg. No. 6091277), and KYLIE JENNER MERCH (U.S. Reg. No. 6091276), the last registered for retail store services featuring gifts, general consumer merchandise, apparel, and related items and used in commerce since at least July 20, 2019. Complainant markets its goods and services through the Internet, including through its website <kyliecosmetics.com>.

 

That the Disputed Domain Name <kyliejennermerchs.com>, registered on December 15, 2025, is nearly identical to Complainant's KYLIE JENNER MERCH mark and confusingly similar to the KYLIE, KYLIE MERCH, and KYLIE JENNER marks, because it incorporates the marks in their entirety and merely adds the letter "s" to the word "merch." The ".com" gTLD is a technical requirement of registration and is irrelevant to the analysis.

 

That Respondent has no rights or legitimate interests in the Disputed Domain Name. Respondent is not commonly known by the Disputed Domain Name, the WHOIS record providing no evidence that Respondent is known by the name "Kylie" or "Kylie Jenner," and Complainant has not approved, authorized, or licensed Respondent to use the KYLIE Marks. The Disputed Domain Name resolves to a website that prominently uses the KYLIE JENNER MERCH mark in its header and text, displays photographs of Ms. Jenner, refers to "Official Merch," and was designed to lead users to believe they have arrived at a website authorized, approved, licensed, or sponsored by Complainant, when it is not. The website's "Shop Now" button redirects consumers to a third-party "Legitcloth" storefront that sells clothing using the KYLIE JENNER mark without authorization. Such use is neither a bona fide offering of goods or services under Policy ¶ 4(c)(i) nor a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii).

 

That Respondent registered and is using the Disputed Domain Name in bad faith. Respondent uses the KYLIE Marks to attract Internet users to its online location by creating a likelihood of confusion with Complainant's marks as to the source, sponsorship, affiliation, or endorsement of the resolving website, for Respondent's own commercial interests, in violation of Policy ¶ 4(b)(iv). Given the extensive use and media coverage of the KYLIE Marks and the resolving website's display of Ms. Jenner's image, Respondent registered the Disputed Domain Name with actual knowledge of Complainant and its rights.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

The Panel finds the following:

 

Complainant Kylie Jenner, Inc. is the corporate vehicle through which Kylie Jenner, a television personality and entrepreneur, offers cosmetics, skin care, apparel, and general consumer merchandise. USPTO registration certificates and TSDR printouts in the record show that Complainant owns numerous United States trademark registrations for KYLIE-formative marks, including KYLIE JENNER (Reg. No. 4440696), KYLIE (Reg. No. 6136540), KYLIE MERCH (Reg. No. 6091277), and KYLIE JENNER MERCH (Reg. No. 6091276), each predating the registration of the Disputed Domain Name. On the uncontested record, supported by the trademark registrations and the evidence of Ms. Jenner's television career dating from 2007 and her social-media following of nearly 400 million on Instagram, the KYLIE Marks were widely known to consumers of fashion and beauty merchandise well before the Disputed Domain Name was registered.

 

The WHOIS record disclosed by the Registrar identifies the registrant of the Disputed Domain Name as "Milon Baral" of Pirojpur, Bangladesh. The Registrar's verification confirms that the Disputed Domain Name is registered with NameCheap, Inc., that the registration agreement is in English, and that the registration carries an expiration date of December 15, 2026, consistent with the registration date of December 15, 2025 shown in the WHOIS record. Nothing in the record shows that Complainant has licensed, authorized, or otherwise permitted Respondent to use the KYLIE Marks or to register any domain name incorporating them.

 

Screenshots in the record show that the Disputed Domain Name resolves to a website (the "Respondent's Website") presented under a "KYLIE JENNER MERCH" masthead, displaying photographs of Ms. Jenner, promoting "Kylie Jenner Official Merch," and inviting visitors to "Shop Now." The screenshots further show that the "Shop Now" button redirects visitors to a storefront at the third-party domain <legitcloth.com>, captioned "Official Store," which offers t-shirts, sweatshirts, and hoodies branded with Complainant's KYLIE JENNER mark. Nothing in the record connects either website to Complainant, and the Panel accepts Complainant's uncontested representation that neither is authorized.

 

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 3.1 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003).

 

Identical and/or Confusingly Similar

Complainant has established rights in the KYLIE Marks for purposes of Policy ¶ 4(a)(i) through its United States trademark registrations, including KYLIE JENNER MERCH (Reg. No. 6091276). See The Toronto-Dominion Bank v. Robert Smith, FA 1882697 (Forum Mar. 12, 2020) ("Registration with the USPTO is sufficient to demonstrate rights in a mark under Policy ¶ 4(a)(i).").

 

The Disputed Domain Name <kyliejennermerchs.com> incorporates Complainant's KYLIE JENNER MERCH mark in its entirety, omitting only the spaces between its elements, and adds the single letter "s." Rendering a mark plural does not distinguish a domain name from the mark for purposes of the first element. See Blackstone TM L.L.C. v. Salem Sahafi, FA 2185206 (Forum Nov. 19, 2025) (the addition of an "s" at the end of the complainant's BLACKSTONE mark, making it plural, did not obviate confusing similarity). The ".com" gTLD is a technical requirement of registration and is disregarded under Policy ¶ 4(a)(i). See WIPO Overview 3.1, ¶ 1.11.1.

 

The Panel finds that the Disputed Domain Name is confusingly similar to Complainant's KYLIE Marks under Policy ¶ 4(a)(i).

 

Rights or Legitimate Interests

Complainant must first make a prima facie case that Respondent lacks rights or legitimate interests in the Disputed Domain Name, at which point the burden of production shifts to Respondent to come forward with evidence of such rights or interests. See WIPO Overview 3.1, ¶ 2.1.

 

The WHOIS record identifies the registrant as "Milon Baral," a name bearing no resemblance to the Disputed Domain Name, and nothing in the record suggests that Respondent has been commonly known by the Disputed Domain Name or by any of the KYLIE Marks under Policy ¶ 4(c)(ii). On the uncontested record, Complainant has never licensed or authorized Respondent to use the KYLIE Marks. See Navistar Int'l Corp. v. N Rahmany, FA 1620789 (Forum June 8, 2015) (respondent lacked rights and legitimate interests in the domain name where respondent was not authorized to use the complainant's NAVISTAR mark).

 

Nor does Respondent's use of the Disputed Domain Name confer any right or legitimate interest. The Respondent's Website reproduces the KYLIE JENNER MERCH mark, displays photographs of Ms. Jenner, and holds itself out as a source of "Official Merch," while its "Shop Now" button channels visitors to the Legitcloth storefront offering unauthorized KYLIE JENNER-branded apparel. Using a confusingly similar domain name to impersonate Complainant and divert its intending customers to unauthorized merchandise is neither a bona fide offering of goods or services under Policy ¶ 4(c)(i) nor a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii). See Kylie Jenner, Inc. v. TrafficDomains INC / John Deecon, FA 2195489 (Forum Jan. 13, 2026) (no bona fide offering where the domain name resolved to a website impersonating Complainant, displaying a photograph of Kylie Jenner and Ms. Jenner's signature); Guitar Center, Inc. v. Eveline Simon, FA 2150637 (Forum May 14, 2025) (use of a confusingly similar domain name to address a website purporting to sell products of the kind also offered by the complainant is neither a bona fide offering nor a fair use).

 

Complainant has made a prima facie showing that Respondent lacks rights or legitimate interests in the Disputed Domain Name, and Respondent, by failing to respond, has come forward with nothing to rebut it. The Panel finds that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name under Policy ¶ 4(a)(ii).

 

Registration and Use in Bad Faith

The record supports the inference that Respondent had actual knowledge of Complainant and the KYLIE Marks when it registered the Disputed Domain Name on December 15, 2025. The KYLIE Marks were by then widely known, as the Panel has found, and the Respondent's Website pairs the KYLIE JENNER MERCH mark with photographs of Ms. Jenner herself and claims of "Official Merch." That content is explicable only by reference to Complainant. See WIPO Overview 3.1, ¶ 3.1.4; Kylie Jenner, Inc. v. TrafficDomains INC / John Deecon, FA 2195489 (Forum Jan. 13, 2026) (finding registration with actual knowledge where the resolving website displayed a photograph of Kylie Jenner).

 

Respondent's use of the Disputed Domain Name equally evidences bad faith. By holding the Respondent's Website out as an official outlet for Complainant's merchandise and diverting its traffic to the third-party storefront described above, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its online locations by creating a likelihood of confusion with the KYLIE Marks as to the source, sponsorship, affiliation, or endorsement of those websites and the products offered there, within the meaning of Policy ¶ 4(b)(iv). See Kylie Jenner, Inc. v. Connor Kurtz / KING KYLIEE, FA 2186421 (Forum Dec. 2, 2025) (bad faith where a confusingly similar domain name resolved to a website purporting to offer unauthorized versions of Complainant's products in direct competition with Complainant's products); True Value Company, L.L.C. v. Xu Yongqin, FA 2075718 (Forum Jan. 11, 2024) (use of a disputed domain name to pass off as the complainant and offer unauthorized or competing versions of its products constitutes bad faith under Policy ¶¶ 4(b)(iii) and 4(b)(iv)).

 

The Panel finds that Respondent registered and is using the Disputed Domain Name in bad faith under Policy ¶ 4(a)(iii).

 

DECISION

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

 

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

 

 

___________________________________________

David L. Kreider, Panelist

Dated: August 6, 2026