WIPO Domain Name Decision D2018-2573 for chitchatroulette.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Andrey Ternovskiy dba Chatroulette v. Registration Private, Domains By Proxy, LLC, DomainsByP / Nanci Nette, Name Management Group Case No. D2018-2573 1. The Parties
The Complainant is Andrey Ternovskiy dba Chatroulette of Sliema, Malta, represented by CSC Digital Brand Services AB, Sweden.
The Respondent is Registration Private, Domains By Proxy, LLC, DomainsByP of Scottsdale, Arizona, United States of America (“United States”) / Nanci Nette, Name Management Group of Los Angeles, California, United States. 2. The Domain Name and Registrar
The disputed domain name is registered with GoD, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 12, 2018. On November 12, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 12, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on November 13, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on November 14, 2018.
The Center verified that the Complaint together with the amended 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 November 15, 2018. In accordance with the Rules, paragraph 5, the due date for Response was December 5, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 6, 2018.
The Center appointed Christopher J. Pibus as the sole panelist in this matter on December 13, 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, Andrey Ternovskiy, is a Moscow-based entrepreneur who created a website in 2009 to provide real time, web-cam based conversations with other Internet users from around the world. The Complainant combined the name “roulette” with the word “chat” to form the coined term CHATROULETTE, which became his primary trademark.
The Complainant built the CHATROULETTE website on his home computer. Introducing the platform through a web forum in November 2009, he managed to find 20 people to try it out initially. The first 20 users doubled within a day and the number of users continued to grow exponentially over a short period of time. By January, 2010, approximately 50,000 users accessed the site daily. By February, 2010, the Complainant’s website was attracting approximately 130,000 visitors per day, with over 3.9 million monthly visitors. Over the past 8 years, the Complainant’s video chat platform has achieved continuing success, always in association with the CHATROULETTE brand.
The Complainant registered the domain name on November 16, 2009, and owns several trademark registrations, including the following:
- European Union Trade Mark Registration No. 008944076 for CHATROULETTE registered on December 4, 2012 (filed on March 10, 2010)
- European Union Trade Mark Registration No. 008946352 for CHATROULETTE.TO registered on August 19, 2012 (filed on March 11, 2010)
- German Trademark Registration No. 302010003706 for CHATROULETTE registered on February 21, 2013 (filed on March 10, 2010)
- United States Trademark Registration No. 4,445,843 for CHATROULETTE registered on December 10, 2013 (filed on January 10, 2011)
- Russian Federation Trademark Registration No. 429957 for CHATROULETTE registered on February 10, 2011.
The disputed domain name was registered on March 24, 2010. At the time the Complaint was filed the disputed domain name reverted to a website which provides links to third party sites which feature chat rooms of similar nature to the Complainant’s website services. 5. Parties’ Contentions A. Complainant
The Complainant alleges that the disputed domain name wholly incorporates the Complainant’s registered trademark for CHATROULETTE, except for the addition of the generic word “chit” before the Complainant’s registered trademark CHATROULETTE. Accordingly, the disputed domain name is confusingly similar to the Complainant’s trademark.
The Complainant contends that the Respondent is not known by the name Chatroulette or Chitc