WIPO Domain Name Decision D2018-0979 for chstroulette.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Andrey Ternovskiy dba Chatroulette v. Domain Administrator, Fundacion Privacy Services LTD Case No. D2018-0979 1. The Parties
The Complainant is Andrey Ternovskiy dba Chatroulette of Sliema, Malta, represented by CSC Digital Brand Services AB, Sweden.
The Respondent is Domain Administrator, Fundacion Privacy Services LTD of Panama City, Panama. 2. The Domain Name and Registrar
The disputed domain name (the "Disputed Domain Name") is registered with Media Elite Holdings Limited dba Register Matrix (the "Registrar"). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on May 3, 2018. On May 3, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On May 4, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 11, 2018. In accordance with the Rules, paragraph 5, the due date for Response was May 31, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on June 1, 2018.
The Center appointed John Swinson as the sole panelist in this matter on June 8, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant is Andrey Ternovskiy dba Chatroulette. Chatroulette is an online chat website that pairs people from around the world together for real-time, webcam-based conversations. The Complainant created the Chatroulette service and website in November 2009. Chatroulette experienced strong growth after the website launch, receiving over 50,000 visitors per day by January 2010.
The Complainant holds a registered trade mark for CHATROULETTE in a number of jurisdictions including the Russian Federation, the European Union, Germany and the United States. See, for example, registration number 429957 filed on March 11, 2010 and registered on February 10, 2011 in the Russian Federation, and registration number 4445843 filed on January 10, 2011 and registered on December 10, 2013 in the United States ("the Trade Mark").
The Respondent is Domain Administrator, Fundacion Privacy Services Ltd of Panama City. No response was received therefore there is little information known about the Respondent. The Respondent is a privacy service, in the business of monetizing domain names. The Respondent registered the Disputed Domain Name on January 30, 2010. The website at the Disputed Domain Name currently features an assortment of pay-per-click ("PPC") links. 5. Parties' Contentions A. Complainant
The Complainant makes the following submissions. Identical or Confusingly Similar
The Complainant has registered trade marks for CHATROULETTE in various jurisdictions. The Disputed Domain Name varies from the Trade Mark by only one letter. The Respondent has removed the letter "a" and replaced it with the letter "s". The Disputed Domain Name is a purposeful misspelling of the Trade Mark and is therefore considered confusingly similar to the Trade Mark. This is a typical example of typosquatting, a deliberate misspelling of a trade mark registered as a domain name, which is intended to confuse Internet users. According to the WIPO Panel Views on Selected UDRP Questions, Third Edition ("WIPO Overview 3.0") at section 1.9 "a domain name which consists of common, obvious or intentional misspelling of a trade mark is considered by panels to be confusingly similar to the relevant mark for purposes of the first element". Rights or Legitimate Interests
The Complainant has registered trade mark rights and therefore has an exclusive right to use the Trade Mark in commerce. The Complainant has not given the Respondent permission to use the Trade Mark in any manner. The Complainant has not licensed, authorized or permitted the Respondent to register domain names incorporating the Trade Mark.
The Respondent is not commonly known by the Disputed Domain Name, which demonstrates a lack of rights or legitimate interests. The WhoIs information identifies the Registrant as "Domain Administrator, Fundacion Privacy Services LTD" which does not resemble the Disputed Domain Name in any manner. As the Respondent is not commonly known by the Disputed Domain Name it cannot be regarded as having acquired rights or legitimate interests in the Disputed Domain Name. At the time of filing of the Complaint the Respondent was using a privacy WhoIs service, which past UDRP panels have found to equate to a lack of legitimate interests.
The Respondent is using the Disputed Domain Name to redirect Internet users to a website featuring PPC links, some of which directly compete with the Complainant's business. Pres