WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Easiware v. Junxia Yang
Case No. D2018-0949
1. The Parties
The Complainant is Easiware of Paris, France, represented by Beylouni Carbasse Guény Valot Vernet A.A.R.P.I, France.
The Respondent is Junxia Yang of Fujian, China.
2. The Domain Name and Registrar
The disputed domain name <easiware.net> is registered with DropCatch.com 866 LLC (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 27, 2018. On April 30, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 1, 2018, 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 May 4, 2018. In accordance with the Rules, paragraph 5, the due date for Response was May 24, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 25, 2018.
The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on June 5, 2018. 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 France and is the owner of the following registrations for the trade mark EASIWARE (the “Trade Mark”) – French registration number 3594915, with a registration date of August 20, 2008; and international registration number 1061968, with a registration date of October 15, 2010.
The Complainant has been using the Trade Mark since 2008 in France and abroad in relation to its customer relationship management software solutions.
The Complainant was previously the owner of the disputed domain name, from July 29, 2008 until July 29, 2017.
The Complainant has also been the owner of the domain names <easiware.com>, <easiware.biz> and <easiware.fr> since January 3, 2015; May 31, 2010; and July 29, 2008, respectively.
The Respondent is apparently an individual resident in China.
C. The Disputed Domain Name
The disputed domain name was registered on October 3, 2017.
D. The Website at the Disputed Domain Name
The disputed domain name has been used in respect of a Chinese language pornographic website (the “Website”).
5. Parties’ Contentions
The Complainant contends that the disputed domain name is identical or 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 reply 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 incorporates the entirety of the Trade Mark (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.7). Excluding the generic Top-Level Domain “.net”, the disputed domain name is identical to the Trade Mark.
The Panel therefore finds that the disputed domain name is identical 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 he or she 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 Respondent has made use of the disputed domain name, for commercial gain, by providing pornographic content on the Website.
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. The Panel therefore finds that the Respondent lacks rights or legitimate interests in the disputed domain name.
C. Registered and Used in Bad Faith
The evidence on record indicates that the Respondent sought to take advantage of the Trade Mark when registering the disputed domain name, by opportunistically registering the disputed domain name shortly after its prior registration by the Complainant was allowed to lapse, and by resolving it to the Website for commercial gain.
In light of the evidence of the Respondent’s use of the Website in the manner described above, the fact the disputed domain name is identical to the Trade Mark, and the Complainant’s prior registration and use of the disputed domain name for a period of 10 years prior to its opportunistic registration by the Respondent, 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 <easiware.net> be transferred to the Complainant.
Sebastian M.W. Hughes
Dated: June 19, 2018