WhatsApp, Inc. v. LATICINIOS ABC CACU et al.
Claim Number: FA1602001661093




   Complainant: WhatsApp, Inc. of Mountain View, CA, United States of America
Complainant Representative: Hogan Lovells (Paris) LLP David Taylor of Paris, France



   Registries: Sugar Glen, LLC,Outer Moon, LLC,Fox Castle, LLC,Fern Madison, LLC,Silver Cover, LLC,Auburn Falls,Top Level Domain Holdings Limited,ATTORNEY Registry,Afilias Limited,Pine Mill, LLC,DENTIST Registry,Dash Park, LLC,Sugar House, LLC,Over Madison, LLC,Pine Moon, LLC,John Goodbye, LLC
   Registrars: Godaddy LLC,GoDaddy,GoDaddy.com, LLC


   The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
   Hector Ariel Manoff, as Examiner


   Complainant Submitted: February 16, 2016
   Commencement: February 17, 2016
   Default Date: March 3, 2016
   Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").


   Complainant requests that the domain name be suspended for the life of the registration.


   Clear and convincing evidence.


   Findings of Fact: The Complainant is the owner of the WHATSAPP trademark, duly registered in the United States, Brazil and in a number of countries. The Complainant uses the mark Whatsapp in connection with the famous mobile messaging "app", which has acquired considerable reputation and goodwill worldwide. It has 1 billion monthly active users worldwide. The WHATSAPP mark is well known worldwide and has acquired secondary meaning.


Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.

[URS] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant 

The disputed domain names are identical to the Complainant’s Trademarks WHATSAPP. The addition of the new gTLDs “.attorney”, “.blue”, “.computer”, “.dentist”, “.digital”, “.gallery”, “.graphics”, “.land”, “.management”, “.photography”, “.schule”, “.services”, “.singles”, “.solutions”, “.technology” and “.work” does not have any impact on the overall impression provided by the mark WHATSAPP. Examiner finds that the disputed domain names are confusingly similar to the Complainant’s trademark registrations and that Complainant has complied with URS by demonstrating that the disputed domain names are confusingly similar to a mark for which the Complainant holds a valid national registration which is in current use.

[URS] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 

Complainant has not authorized Respondent to use its registered trademarks WHATSAPP. Respondent has not filed a response to this complaint and consequently no evidence was submitted to prove that he is commonly known as WHATSAPP. There is no evidence that the Registrant is making a legitimate non-commercial or fair use of the domain names since the websites are not leading to active websites. The Examiner finds that the requirements set forth by URS have been also met.

[URS] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’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 Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant 

Since Complainant’s trademarks are prior to the disputed domain names’ registration, Examiner concludes that the registration of the disputed domain names (identical to a registered trademark) was made on bad faith. Furthermore, Respondent registered the disputed domain names despite having received a notification stating that the domain names matches a trademark registered in the TMCH. The circumstances of the matter demonstrate that the Registrant registered the domain names in order to prevent the Complainant from reflecting their trademark in a corresponding domain name. Also, the WHATSAPP trademark is well known worldwide. Finally, the domains do not lead to any active website. The Registrant therefore does not show bona fide offering of goods or services. Examiner finds that the disputed domain names were registered and is being used in bad faith to attract for commercial gain and that Complainant has complied with URS


The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

  1. The Complaint was neither abusive nor contained material falsehoods. 


After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

  1. whatsapp.attorney
  2. whatsapp.blue
  3. whatsapp.computer
  4. whatsapp.dentist
  5. whatsapp.digital
  6. whatsapp.gallery
  7. whatsapp.graphics
  8. whatsapp.land
  9. whatsapp.management
  10. whatsapp.photography
  11. whatsapp.schule
  12. whatsapp.services
  13. whatsapp.singles
  14. whatsapp.solutions
  15. whatsapp.technology
  16. whatsapp.work


Hector Ariel Manoff
Dated: March 4, 2016



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