WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Skyscanner Limited v. Registration Private, Domains By Proxy, LLC. DomainsByProxy.com / Aman Sharma
Case No. D2019-2780
1. The Parties
The Complainant is Skyscanner Limited, United Kingdom, represented by Keltie LLP, United Kingdom.
The Respondent is Registration Private, Domains By Proxy, LLC., DomainsByProxy.com / Aman Sharma, India.
2. The Domain Name and Registrar
The disputed domain name <theskyscanners.com> (the “Domain Name”) 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 November 13, 2019. On November 13, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 14, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name, which differed from the named Respondent, and contact information in the Complaint. The Center sent an email communication to the Complainant on November 14, 2019, 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 November 14, 2019.
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 November 21, 2019. In accordance with the Rules, paragraph 5, the due date for Response was December 11, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 13, 2019.
The Center appointed Mathias Lilleengen as the sole panelist in this matter on December 19, 2019. 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 an online travel company with a website available in over 30 languages and used by 100 million people per month. The Complainant’s SKYSCANNER smart device app has been downloaded over 70 million times.
The Complainant owns rights in the trademark SKYSCANNER, such as International Trademark Registrations: 900393, 1030086 and 1133058.
According to the Complainant, the Respondent registered the Domain Name on September 29, 2019. The Domain Name automatically redirects to parking page by the Registrar.
5. Parties’ Contentions
The Complainant has documented trademark registrations in the Complaint. According to the Complainant, the Domain Name is virtually identical to the Complainant’s trademark. The Domain Name takes the Complainant’s trademark in its entirety with two immaterial differences: the Domain Name adds the word “the” in front of the Complainant’s trademark and the letter “s” at the end.
The Complainant argues that the Respondent has no rights or legitimate interests in the Domain Name. To the Complainant’s knowledge, the Respondent does not own any rights in any trademarks which comprise part or the entirety of the Domain Name, nor is the Respondent commonly known under this name. The Complainant has not given its consent for the Respondent to use its registered trademark in any manner.
Finally, the Complainant submits that the given the fame of the Complainant’s trademark, it is likely that the Respondent was aware of the Complainant’s rights prior to registering the Domain Name. Passive holding of a Domain Name which cannot be used legitimately constitutes registration and use in bad faith when the Domain Name is being used to prevent the Complainant from using the Domain Name for legitimate commercial purposes.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainant has established rights in the trademark SKYSCANNER. The test for confusing similarity involves the comparison between the trademark and the Domain Name. In this case, the Domain Name incorporates the Complainant’s trademark in its entirety, with the addition of the “the” in front of the trademark and the letter “s” at the end. The additions do not prevent a finding of confusing similarity between the Domain Name and the Complainant’s trademark. For the purposes of assessing confusing similarity under paragraph 4(a)(i) of the Policy, it is permissible for the Panel to ignore the generic Top-Level Domain (“gTLD”) “.com”.
The Panel finds that the Domain Name is confusingly similar to a trademark in which the Complainant has rights in accordance with paragraph 4(a)(i) of the Policy.
B. Rights or Legitimate Interests
There is no evidence suggesting that the Respondent has any rights or legitimate interests in the Domain Name. The Complainant has not granted any authorization to the Respondent. The Domain Name redirects to the Registrar’s parking page. Such use is in the context of this case not bona fide.
The Panel finds that the Complainant has made out an unrebutted case. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name in accordance with paragraph 4(a)(ii) of the Policy.
C. Registered and Used in Bad Faith
Based on the evidence, it is likely that the Respondent knew of the Complainant’s trademark and its business when the Respondent registered the Domain Name. The Complainant’s trademark rights predate the Domain Name registration. The Domain Name seems to be a deliberate registration of the Complainant’s trademark. As the Respondent has offered no explanation to why it registered the Domain Name, the Panel agrees with the Complainant that there are enough indications to find bad faith registration and use in the present case. See also WIPO Overview 3.0, section 3.3.
The Panel concludes that the Domain Name was registered and is being used in bad faith, within the meaning of the paragraph 4(a)(iii) of the Policy.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name <theskyscanners.com> be transferred to the Complainant.
Date: December 27, 2019