WIPO Domain Name Decision D2019-0252 for fbhelpcenter.info
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Facebook Inc. v. Domains by Proxy, LLC / Carolina Rodrigues, Fundacion Comercio Electronico Case No. D2019-0252 1. The Parties
The Complainant is Facebook Inc. of Menlo Park, California, United States of America (“United States” or “US”), represented by Hogan Lovells (Paris) LLP, France.
The Respondent is Domains by Proxy, LLC of Scottsdale, Arizona, United States / Carolina Rodrigues, Fundacion Comercio Electronico of Panama City, Panama. 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 January 31, 2019. On February 1, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same day, 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 and contact information for the disputed domain name.
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 February 6, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 26, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 27, 2019.
The Center appointed Ada L. Redondo Aguilera as the sole panelist in this matter on March 4, 2019. 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 in this administrative proceeding is Facebook, Inc., an American corporation with its principal place of business at Menlo Park, California, United States.
According to the information in the WhoIs the registrant of the disputed domain name is Domains By Proxy, LLC, a privacy registration service provided by the registrar, GoD, LLC, based in the United States.
Before the filing of the Complaint, on July 11, 2018, the Complainant sent a disclosure request to Domains By Proxy, LLC, asserting the Complainant’s trademark rights and requesting the underlying registrant’s detailed information with a view to taking necessary legal action. Domains By Proxy, LLC provided the registrant’s contact details to the Complainant. A copy of the correspondence between the Complainant and Domains By Proxy, LLC providing the Respondent’s contact information is provided at Annex 2.
The Respondent is Carolina Rodrigues, Fundacion Comercio Electronico, of Panama City, Panama.
The disputed domain name is , which was registered on June 25, 2018. The disputed domain name redirects to dynamic advertising websites, to a parking page with pay-per-click links, or to a website to spread malware.
The registrar with which the Domain Name was registered is GoD, LLC:
The Complainant, Facebook, Inc., is one of the world’s leading provider of online social networking services. Founded in 2004, Facebook allows Internet users to stay connected with friends and family, and to share information mainly via its website available at “”. Access to Facebook was originally restricted to students at Harvard University (Boston, Massachusetts, United States) but quickly expanded to other universities and, in 2006, to anyone in the world with a valid email address. Since its launch in 2004, Facebook rapidly developed considerable renown and goodwill worldwide, with 1 million active users by the end of 2004, 100 million users in August 2008, 500 million users in July 2010, 1 billion users by September 2012, and 1.44 billion users by March 2015.
The Complainant asserted that it has developed considerable reputation and goodwill worldwide in both its services and brands, including its FB trademark. The term FB was used by numerous international newspapers as early as in 2011, such as Generation FB, the New York Times dated it June 23, 2011.
The Complainant affirmed that the trademark FACEBOOK and FB is well known worldwide. Given the exclusive online nature of the Complainant’s social networking business, the Complainant’s domain names consisting of its FB trademarks are not only the heart of its entire business but also the main way for millions of users to benefit themselves of its services. Reflecting its global reach, the Complainant is the owner of numerous domain names consisting of the term FB, for instance, , as well as, for instance, (Colombia), (Peru), (Bahamas), (Armenia), (Asia), (France), (Isle of Man), (Ireland), (Montenegro), and (Portugal), (Sri Lanka), and and (United Kingdom).
The Complainant provided enough evidence of the ownership of the term FB in many jurisdictions throughout the world, that includes but are not limited to the following:
US Trademark No. 4659777, FB, registered on December 23, 2014 (first use in commerce in April 2014);
Canadian Trademark No. TMA929282, FB, registered on February 18, 2016;
Chilean Trademark No. 940863, FB, registered on December 19, 2011;
Mexican Trademark No. 1254929, FB, registered on November 30, 2011;
European Union Trademark No. 008981383, FB, registered on August 23, 2011. 5. Parties’ Contentions A. Complainant
The Complainant has asserted that the three elements required under paragraph 4(a) of the Policy for a transfer of the disputed domain name are present in this case. B. Respondent
The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar
In these proceedings, the Complainant provided evidence of their numerous trademark registrations of the term FB around the world. Such trademarks registrations include but are not limited to the following:
US Trademark No. 4659777, FB, registered on December 23, 2014 (first use in commerce in April 2014);
Canadian Trademark No. TMA929282, FB, registered on February 18, 2016;
Chilean Trademark No. 940863, FB, registered on December 19, 2011;
Mexican Trademark No. 1254929, FB, registered on November 30, 2011;
European Union Trademark No. 008981383, FB, registered on August 23, 2011.
The Panel finds that the disputed domain name is confusingly similar to a trademark in which the Complainant has rights. Due to the fact that the disputed domain name incorporates the Complainant’s FB trademark in its entirety, with the addition of the terms “help” and “center”, which does not prevent a finding of consuming similarity. Other fellow Panels have held that “when a domain name wholly incorporates a complainant’s registered mark that is sufficient to establish identity or confusing similarity for the purposes of the Policy”. See Magnum Pi