Complainants are Facebook, Inc., United States of America (“United States”) and Instagram, LLC, United States (together, the “Complainant”), represented by Hogan Lovells (Paris) LLP, France.
Respondent is Registration Private, Domains By Proxy, LLC, United States / Rochelle Burrell, United States 2. The Domain Names and Registrar
The disputed domain names The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 8, 2021. On June 9, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On June 9, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on June 18, 2021 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on June 18, 2021. 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 Respondent of the Complaint, and the proceedings commenced on June 25, 2021. In accordance with the Rules, paragraph 5, the due date for Response was July 15, 2021. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on July 16, 2021. The Center appointed Brian J. Winterfeldt as the sole panelist in this matter on August 3, 2021. 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 Complainant Facebook, Inc. (“Facebook”) is a leading online social media and social networking service that has been in operation since 2004. As of December 2020, Facebook has approximately 2.8 billion monthly and 1.84 billion daily active users worldwide. Its main website, “www.facebook.com”, is ranked as the 7th most visited website in the world and its services are provided in over 70 languages. Facebook also operates on mobile devices. In 2015, Facebook launched its “Facebook Live” livestreaming service. Facebook owns numerous trademarks in various global jurisdictions for its FACEBOOK trademark, some examples of which are as follows: - United States Trademark Registration No. 3041791, FACEBOOK, registered January 10, 2006. Complainant Instagram, LLC (“Instagram”), which is a wholly-owned subsidiary of Facebook, is an online photo- and video-sharing social networking platform. Instagram has operated since 2010 and currently has over 1 billion active monthly users. Its website, “www.instagram.com”, is currently the 24th most visited website in the world, and Instagram is also available on mobile apps. Instagram also owns numerous trademarks in various global jurisdictions for its INSTAGRAM trademark, some examples of which are as follows: - United States Trademark No. 4146057, INSTAGRAM, registered May 22, 2012 (first use in commerce on October 6, 2010); Complainant operates exclusively online due to the nature of its business, and has registered numerous domain names in both generic Top-Level Domains (“gTLDs”) and country code Top-Level Domains (“ccTLDs”) incorporating its FACEBOOK and INSTAGRAM trademarks. Complainant also has an extensive online presence across a variety of social media platforms, at the following websites: - “www.facebook.com/facebook” The disputed domain names have the following registration dates:
- European Union Trade Mark No. 002483857, FACEBOOK, registered June 13, 2003.
- International Registration No. 1280043, FACEBOOK, registered December 23, 2014.
- European Union Trade Mark No.014493886, INSTAGRAM, registered December 24, 2015;
- International Registration No. 1129314, INSTAGRAM, registered March 15, 2012,
- “www.twitter.com/facebook”
- “www.youtube.com/facebook”
- “www.linkedin.com/company/facebook”
- “www.instagram.com/instagram”
- “www.facebook.com/instagram”
- “www.twitter.com/instagram”
- “www.linkedin.com/company/instagram”