WIPO Domain Name Decision D2018-2089 for rakatan.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Rakuten, Inc. v. Pavel Zezulka Case No. D2018-2089 1. The Parties
The Complainant is Rakuten, Inc. of Tokyo, Japan, represented by Greenberg Traurig, LLP, United States of America.
The Respondent is Pavel Zezulka of Pardubice, Czech Republic, self-represented. 2. The Domain Name and Registrar
The disputed domain name (the “Disputed Domain Name”) is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 12, 2018. On September 13, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On September 13, 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 September 21, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 11, 2018. An informal Response was filed with the Center on September 21, 2018. On September 26, 2018, the Complainant sent an additional submission in reply to the Response. On the same day, the Respondent submitted a further informal email.
The Center appointed John Swinson as the sole panelist in this matter on September 28, 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 Rakuten, Inc. a company incorporated in Japan. According to the Complaint, the Complainant is an e-commerce and Internet company that spans a variety of sectors including digital content, communications and fintech. The Complainant was founded in 1997.
The Complainant owns a number of registered trade marks for RAKUTEN, including European Union trade mark number 4755741, registered on June 29, 2007 (the “Trade Mark”). The Complainant owns a domain name registration which incorporates the Trade Mark being .
The Respondent is Pavel Zezulka, an individual of the Czech Republic. The Respondent registered the Disputed Domain Name on August 27, 2017. The Disputed Domain Name previously resolved to a website displaying sponsored pay-per-click (“PPC”) links to competitors of the Complainant. According to the Respondent’s informal Response, the Respondent registered the Disputed Domain Name for the purpose of creating a Star Wars website. However, the Respondent has not provided any other information regarding his business activities or use of the Disputed Domain Name. 5. Parties’ Contentions A. Complainant
The Complainant makes the following submissions. Identical or confusingly similar
The Disputed Domain Name is virtually identical to the Trade Mark as it merely replaces the “u” and “e” with an “a”. This Disputed Domain Name is a purposeful misspelling of the Trade Mark and is therefore considered confusingly similar to the Trade Mark. This is an example of typosquatting as it is a deliberate misspelling of a trade mark registered as a domain name. Rights or legitimate interests
The Respondent has registered the Disputed Domain Name without the Complainant’s consent. The Complainant has not authorized, licensed or otherwise permitted the Complainant to register the Disputed Domain Name. The Respondent is not commonly known by the Disputed Domain Name and has not used it in connection with a bona fide offering of goods and services.
The Complainant sent a cease-and-desist letter to the Respondent on June 15, 2018. The Respondent informed the Complainant that he registered the Disputed Domain Name for the purpose of creating a Star Wars page about Rakatan (which the Respondent alleges is a race in Star Wars, whereas the Complainant states that the race is known as Rakata). The Respondent has not used the website at the Disputed Domain Name for the purported Star Wars website.
The website at the Disputed Domain Name is being used to divert Internet traffic to commercial websites which are in direct competition to the Complainant’s business. Further, the Respondent is using the website for PPC links, from which he presumably garners a fee. Registered and used in bad faith
The Respondent is using the website at the Disputed Domain Name for advertising featuring goods and services which compete with those offered by the Complainant. The Respondent is intentionally attempting to attract Internet users to the Respondent’s website for commercial gain by cre