WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
London Capital Group Limited v. Wahaha Wahaha
Case No. D2017-1628
1. The Parties
The Complainant is London Capital Group Limited of London, United Kingdom of Great Britain and Northern Ireland ("United Kingdom"), represented by Keltie LLP, United Kingdom.
The Respondent is Wahaha Wahaha of Chad.
2. The Domain Name and Registrar
The disputed domain name <lcgfforex.com> is registered with GoDaddy.com, LLC (the "Registrar").
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on August 21, 2017. On August 21, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 22, 2017, 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 proceeding commenced on August 28, 2017. In accordance with the Rules, paragraph 5, the due date for Response was September 17, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on September 18, 2017.
The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on September 25, 2017. 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 is a company incorporated in the United Kingdom and a provider of foreign exchange services under the trade mark LCG (the "Trade Mark").
The Complainant is the owner of several registrations for the Trade Mark, including international registration No. 1279417, with a registration date of October 6, 2015.
Given the incomplete nature of the WhoIs entry for the disputed domain name, and the Respondent's failure to take any part in this proceeding, the details and location of the Respondent are not known.
C. The Disputed Domain Name
The disputed domain name was registered on April 29, 2017.
D. The Website at the Disputed Domain Name
The disputed domain name is resolved to a Chinese language website (the "Website"), which provides foreign exchange services and copies the look and feel of the Complainant's "www.lcg.com" website (the "Complainant's Website").
5. Parties' Contentions
The Complainant contends that the disputed domain name is confusingly similar to the Trade Mark, the Respondent has no rights or legitimate interests in respect of the disputed domain name, and the disputed domain name has been registered and is being used in bad faith.
The Respondent did not respond to the Complainant's contentions.
6. Discussion and Findings
The Complainant must prove each of the three elements in paragraph 4(a) of the Policy in order to prevail.
A. Identical or Confusingly Similar
The Panel finds that the Complainant has rights in the Trade Mark acquired through use and registration.
The disputed domain name comprises the Trade Mark in its entirety, together with the word "fforex", which does not serve to distinguish the disputed domain name from the Trade Mark in any significant way. The word "fforex" is a misspelling of the commonly used dictionary term "forex", being a common abbreviation of "foreign exchange services", and is descriptive of the content of the Website.
The Panel therefore finds that the disputed domain name is confusingly similar to the Trade Mark.
B. Rights or Legitimate Interests
Paragraph 4(c) of the Policy provides a list of non-exhaustive circumstances any of which is sufficient to demonstrate that a respondent has rights or legitimate interests in a disputed domain name:
(i) before any notice to the respondent of the dispute, the respondent's use of, or demonstrable preparations to use, the disputed domain name or a name corresponding to the disputed domain name in connection with a bona fide offering of goods or services; or
(ii) the respondent (as an individual, business, or other organization) has been commonly known by the disputed domain name even if the respondent has acquired no trade mark or service mark rights; or
(iii) the respondent is making a legitimate noncommercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue.
The Complainant has not authorised, licensed, or permitted the Respondent to register or use the disputed domain name or to use the Trade Mark. The Panel finds on the record that there is therefore a prima facie case that the Respondent has no rights or legitimate interests in the disputed domain name, and the burden is thus on the Respondent to produce evidence to rebut this presumption.
The Respondent has failed to show that the Respondent has acquired any trade mark rights in respect of the disputed domain name or that the disputed domain name has been used in connection with a bona fide offering of goods or services. To the contrary, the disputed domain name has been used in respect of the Website, which is a blatant copy of the Complainant's Website, which contains the contact details of the Complainant, and which provides foreign exchange services to the Chinese speaking market.
There has been no evidence adduced to show that the Respondent has been commonly known by the disputed domain name; and there has been no evidence adduced to show that the Respondent is making a legitimate noncommercial or fair use of the disputed domain name.
The Panel finds that the Respondent has failed to produce any evidence to rebut the Complainant's prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name, and therefore finds that the requirements of paragraph 4(a)(ii) are met.
C. Registered and Used in Bad Faith
In light of the evidence of the Respondent's use of the Website in the manner described above, the Panel finds the requisite element of bad faith has been satisfied, under paragraph 4(b)(iv) of the Policy.
For all the foregoing reasons, the Panel concludes that the disputed domain name has been registered and is being used in bad faith.
For 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 <lcgfforex.com> be transferred to the Complainant.
Sebastian M.W. Hughes
Dated: October 9, 2017