The Complainant is Skyscanner Limited, United Kingdom (“UK”), represented by Lewis Silkin LLP, UK.
The Respondent is Qin Xian Sheng, Singapore.
2. The Domain Name and RegistrarThe disputed domain name
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 11, 2021. On August 12, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 13, 2021, 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 August 16, 2021, 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 amendment to the Complaint on August 16, 2021.
The Center verified that the Complaint together with the amendment to 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 August 24, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 13, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 15, 2021.
The Center appointed Linda Chang as the sole panelist in this matter on September 24, 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 BackgroundThe Complainant is a UK company founded in 2003 and operates online travel search websites including “www.skyscanner.com” and “www.skyscanner.net”, through which consumers can search for flight, hotel, and car hire.
The Complainant is the owner of the International Trademark Registration for SKYSCANNER No. 1030086 registered on December 1, 2009, designating inter alia Singapore.
According to the information disclosed by the Registrar, the Respondent is Qin Xian Sheng, Singapore.
The disputed domain name was registered on July 22, 2021 and resolves to a website providing sports gambling services.
5. Parties’ Contentions A. ComplainantThe Complainant contends that the disputed domain name is virtually identical to the SKYSCANNER trademark with the only difference being the addition of the term “net”.
The Complainant further contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.
The Complainant finally contends that the Respondent has registered and is using the disputed domain name in bad faith.
B. RespondentThe Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings A. Identical or Confusingly SimilarThe Panel holds that “.com” being the generic Top-Level Domain could be ignored for the purpose of assessing identity and confusing similarity under paragraph 4(a)(i) of the Policy.
The most recognizable part of the disputed domain name “skyscannernet” reproduces the SKYSCANNER trademark, and the addition of “net” does not prevent a finding of confusing similarity between the disputed domain name and the Complainant’s SKYSCANNER trademark. The Panel determines that the disputed domain name is confusingly similar to the SKYSCANNER trademark.
For all the foregoing reasons, the Panel finds that the first element of paragraph 4(a) of the Policy has been satisfied by the Complainant.
B. Rights or Legitimate InterestsAccording to the Complainant, the Respondent was not given any consent by the Complainant to use the SKYSCANNER trademark in the disputed domain name.
The disputed domain name resolves to a sports gambling website. The Panel views that the Respondent’s use of the disputed domain name cannot be considered as a legitimate noncommercial or fair use nor is the Respondent using the disputed domain names in connection with a bona fide offering of goods or services.
For all the foregoing reasons, and in light of the Panel’s findings below, the Panel finds that the second element of paragraph 4(a) of the Policy has been satisfied by the Complainant.
C. Registered and Used in Bad FaithGiven the reputation of the Complainant, the Panel assumes that the Respondent must have knowledge of the Complainant and the SKYSCNANNER trademark at the time of registering the disputed domain name. It is reasonable to conclude that the Respondent is trying to exploit the reputation of the Complainant and the SKYSCANNER trademark by registering a confusingly similar domain name to attract Internet users to its own online sports gambling website. The Panel concludes that the Respondent registered the disputed domain name in bad faith.
In absence of counter claims from the Respondent, the Panel is convinced that, by using the disputed domain name, the Respondent is seeking to capitalize on the reputation of the SKYSCANNER trademark to drive traffic to the disputed domain name for commercial gain. The Respondent is intentionally attempting to create confusion among Internet users and attract them to its own website, by creating a likelihood of confusion with the SKYSCANNER trademark as to the source, sponsorship, affiliation or endorsement of the Respondent’s website. The Respondent is using the disputed domain name in bad faith.
For all the foregoing reasons, the Panel finds that the third element of paragraph 4(a) of the Policy has been satisfied by the Complainant.
7. DecisionFor the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name
Linda Chang
Sole Panelist
Date: October 15, 2021