Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Arthur Martin / Julia Meyers / Deanna Massey / Web Commerce Communications Limited / Client Care
Claim Number: FA2307002054132
Complainant is Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II ("Complainant"), represented by Marshall A. Lerner of Kleinberg & Lerner, LLP, United States. Respondents are Arthur Martin / Julia Meyers / Deanna Massey, United States, and Web Commerce Communications Limited / Client Care, Malaysia ("Respondents").
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <clearanceskecherscanada.com>, <magasinskechersbruxelles.com>, <schoenenskechers.com>, <skecherscanberra.com>, <skechersdealsuk.com>, <skechersnzstores.com>, <skechersonlineitalia.com>, <skechersoutletkobenhavn.com>, <skechersparisstore.com>, <skechersshoesbelgium.com>, <skechersstoresireland.com>, and <skechersstorezurich.com>, registered with ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED.
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 E. Sorkin as Panelist.
Complainant submitted a Complaint to Forum electronically on July 21, 2023; Forum received payment on July 21, 2023.
On July 24, 2023, ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED confirmed by email to Forum that the disputed domain names are registered with ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED, and that Respondents Arthur Martin (<clearanceskecherscanada.com>, <skecherscanberra.com>, <skechersdealsuk.com>, <skechersstorezurich.com>), Julia Meyers (<magasinskechersbruxelles.com>, <skechersnzstores.com>, <skechersonlineitalia.com>, <skechersshoesbelgium.com>, <skechersstoresireland.com>), Deanna Massey (<schoenenskechers.com>, <skechersparisstore.com>), and Web Commerce Communications Limited / Client Care (<skechersoutletkobenhavn.com>) are the current registrants of the names. ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED has verified that Respondents are bound by the ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED registration agreement and have 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 26, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 15, 2023 by which Respondents could file a Response to the Complaint, via email to all entities and persons listed on Respondents' registrations as technical, administrative, and billing contacts, and to postmaster@clearanceskecherscanada.com, postmaster@magasinskechersbruxelles.com, postmaster@schoenenskechers.com, postmaster@skecherscanberra.com, postmaster@skechersdealsuk.com, postmaster@skechersnzstores.com, postmaster@skechersonlineitalia.com, postmaster@skechersoutletkobenhavn.com, postmaster@skechersparisstore.com, postmaster@skechersshoesbelgium.com, postmaster@skechersstoresireland.com, postmaster@skechersstorezurich.com. Also on July 26, 2023, the Written Notice of the Complaint, notifying Respondents of the email addresses served and the deadline for a Response, was transmitted to Respondents via post and fax, to all entities and persons listed on Respondents' registrations as technical, administrative, and billing contacts.
Having received no response from Respondents, Forum transmitted to the parties a Notification of Respondent Default.
On August 16, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin 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[s]" 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 Respondents.
Complainant requests that the domain name be transferred from Respondents to Complainant.
PRELIMINARY ISSUE: MULTIPLE RESPONDENTS
Complainant alleges that the disputed domain names are effectively under the control of a single entity operating under multiple aliases. Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") provides that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder."
For substantially the same reasons as those set forth in many prior decisions involving similar facts and the same parties as this case, the Panel finds that the disputed domain names are under the common control of a single entity (hereinafter "Respondent"). See, e.g., Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Web Commerce Communications Ltd. / Client Care, FA 2054356 (Forum Aug. 16, 2023) (treating domain names as being under common control in similar circumstances); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd. / Nyberg Veronica, FA 2048421 (Forum July 30, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Shannon Mann / Client Care / Web Commerce Communications Ltd., FA 2048407 (Forum July 23, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd. / Thorsten PFEFFER / Katharina PFEFFER / Leonie FABER / Thorsten WEXLER / Jayden Ashton, FA 2048587 (Forum July 19, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Web Commerce Communications Ltd. / Client Care, FA 2048813 (Forum July 19, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd. / Klaus Wirtz, FA 2049045 (Forum July 18, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Web Commerce Communications Ltd. / Client Care / Dieter Strnad, FA 2048270 (Forum July 16, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Web Commerce Communications Ltd. / Client Care / Peter NEUSTADT, FA 2048579 (Forum July 13, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Web Commerce Communications Ltd. / Client Care, FA 2048584 (Forum July 13, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Joseph Graham / Client Care / Web Commerce Communications Ltd. / Susanne WEXLER / Markus BAUM, FA 2047897 (Forum July 10, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd. / Uwe FISCHER / Kathrin WOLF / Sabrina FAUST, FA 2035438 (Forum Apr. 10, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd. / Jimmy Saechao, FA 2033530 (Forum Apr. 5, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd., FA 2034073 (Forum Apr. 5, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Client Care / Web Commerce Communications Ltd., FA 2032725 (Forum Mar. 31, 2023) (same); Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Swen BECKENBAUER / Jessika SCHMITT / Thomas THEISSEN / Matthias THALBERG / Niklas NEUSTADT / Florian BRANDT / Alexander HIMMEL / Leah MOELLER / Andreas THEISS / Simone KELLER / Dominik WEISS / Bernd BRAUER / Dominik JAGER / Gabriele SCHUSTER / Patrick KASTNER / Ulrich JAEGER / Marina BADER / Client Care Web Commerce Communications Ltd., FA 2033528 (Forum Mar. 30, 2023) (same).
A. Complainant
Complainant's contentions are substantially the same as those set forth in prior decisions involving the same parties and similar domain names. See Skechers U.S.A., Inc. & Skechers U.S.A., Inc. II v. Web Commerce Communications Ltd. / Client Care, FA 2054356, supra, and the other decisions cited above.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the each of the disputed domain names is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain names; and that the disputed domain names were registered and are being used in bad faith.
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 of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
For the same reasons as those set forth in other decisions involving the same parties, including those cited above, the Panel finds that Respondent lacks rights or legitimate interests in respect of the disputed domain names.
For the same reasons as those set forth in other decisions involving the same parties, including those cited above, the Panel finds that Respondent lacks rights or legitimate interests in respect of the disputed domain names.
For the same reasons as those set forth in other decisions involving the same parties, including those cited above, the Panel finds that the disputed domain names were registered and are being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <clearanceskecherscanada.com>, <magasinskechersbruxelles.com>, <schoenenskechers.com>, <skecherscanberra.com>, <skechersdealsuk.com>, <skechersnzstores.com>, <skechersonlineitalia.com>, <skechersoutletkobenhavn.com>, <skechersparisstore.com>, <skechersshoesbelgium.com>, <skechersstoresireland.com>, and <skechersstorezurich.com> domain names be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: August 18, 2023
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