The Complainant is Google LLC, United States of America (“United States”), represented by Fidus Law Chambers, India.
The Respondent is Googler Software Solutions, India.
2. The Domain Name and RegistrarThe disputed domain name
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 5, 2021. On October 6, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 7, 2021, 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 October 12, 2021. In accordance with the Rules, paragraph 5, the due date for Response was November 1, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 2, 2021.
The Center appointed Ian Lowe as the sole panelist in this matter on November 11, 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 United States company formed in 1998. Since then, it has carried on business under the GOOGLE trademark in a range of Internet related services and products, including advertising technologies, Internet search, cloud computing and software, and mobile and computer hardware. In particular, the trademark GOOGLE represents the famous search engine service first developed by the Complainant in 1998 and now available in more than 150 interface languages. The Complainant has more than 150 offices worldwide and operates over 190 GOOGLE based domains where Internet search can be accessed. The Complainant and third parties refer to employees of the Complainant as “Googlers”.
The Complainant is the proprietor of numerous registered trademarks around the world in respect of GOOGLE, including United States trademark number 2,884,502 GOOGLE registered on September 14, 2004, and India trademark number 1480385 GOOGLE registered as of August 21, 2006.
The Domain Name was registered on January 28, 2016. It resolves to a website operated by the Respondent that claims to be a leading digital marketer and website development company in Coimbatore, India. The home page of the website features the multi-colored logo “Googler” using colors and fonts very similar to those used by the Complainant. The website has a number of pages and includes contact details for the Respondent including telephone numbers and an email address. However, the website is apparently still under construction since the majority of the text on the website is Lorem Ipsum dummy text.
The Complainant sent a cease-and-desist letter to the Respondent on June 30, 2021 but received no reply.
5. Parties’ Contentions A. ComplainantThe Complainant contends that the Domain Name is confusingly similar to its GOOGLE trademark (the “Mark”), that the Respondent has no rights or legitimate interests in respect of the Domain Name, and that the Respondent registered and is using the Domain Name in bad faith within the meaning of paragraph 4(b)(iv) of the Policy.
B. RespondentThe Respondent did not reply to the Complainant’s contentions.
6. Discussion and FindingsFor this Complaint to succeed in relation to the Domain Name, the Complainant must prove that:
(i) the Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) the Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) the Domain Name has been registered and is being used in bad faith.
A. Identical or Confusingly SimilarThe Complainant has uncontested rights in the Mark, both by virtue of its many trademark registrations and as a result of the goodwill and reputation acquired through its use of the Mark for over 20 years. Ignoring the generic Top-Level Domain (“gTLD”) “.com”, the Domain Name comprises the entirety of the GOOGLE trademark with the addition of the letter “r” and the words “software” and “solutions”. In the view of the Panel, these additions, which refer to products offered by the Complainant, do not prevent a finding of confusing similarity between the Domain Name and the Mark. Accordingly, the Panel finds that the Domain Name is confusingly similar to a trademark in which the Complainant has rights.
B. Rights or Legitimate InterestsThe Complainant has made out a strong prima facie case that the Respondent could have no rights or legitimate interests in respect of the Domain Name. The Respondent has used the Domain Name not in connection with a bona fide offering of goods or services, but for a website offering services related to the products and services of the Complainant. The Respondent is not authorized by the Complainant to use its Mark. There is no suggestion that the Respondent has ever been known by the Domain Name. In the Panel’s view, the Respondent selected the Domain Name with the intention of drawing Internet users to its website by virtue of the attractive force of the Mark. The Respondent has chosen not to respond to the Complaint or to take any steps to counter the prima facie case established by the Complainant. In the circumstances, the Panel finds that the Respondent does not have any rights or legitimate interests in respect of the Domain Name.
C. Registered and Used in Bad FaithIn light of the notoriety and fame of the Mark and the use to which the Respondent has put the Domain Name, the Panel is in no doubt that the Respondent had the Complainant and its rights in the Mark in mind when it registered the Domain Name. The Respondent has used the Domain Name for a website offering services closely related to those provided by the Complainant. In the Panel’s view, the Respondent undoubtedly undertook such activity with a view to commercial gain, intending to attract Internet users to the website to which the Domain Name resolved by creating a likelihood of confusion with the Mark and as to the affiliation or endorsement of that webpage. The Panel considers that this amounts to paradigm bad faith registration and use for the purposes of the Policy.
7. DecisionFor the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name
Ian Lowe
Sole Panelist
Date: November 22, 2021