WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
OfferUp, Inc. v. Uconnect Marketing Management
Case No. DAE2018-0005
1. The Parties
The Complainant is OfferUp, Inc. of Bellevue, Washington, United States of America ("United States"), represented by Perkins Coie, LLP, United States.
The Respondent is Uconnect Marketing Management of Abu Dhabi, United Arab Emirates,
2. The Domain Name and Registrar
The disputed domain name <offerup.ae> (the "Domain Name") is registered with AE Domain Administration (.aeDA).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on June 1, 2018. On June 1, 2018, the Center transmitted by email to AE Domain Administration (.aeDA) a request for registrar verification in connection with the Domain Name. On June 3, 2018, AE Domain Administration (.aeDA) 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 UAE Domain Name Dispute Resolution Policy - UAE DRP approved by .aeDA (the "Policy"), the Rules for UAE Domain Name Dispute Resolution Policy - UAE DRP (the "Rules"), and the Supplemental Rules for UAE Domain Name Dispute Resolution Policy - UAE DRP (the "Supplemental Rules").
In accordance with the Rules, sections 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 5, 2018. In accordance with the Rules, section 5(a), the due date for Response was June 25, 2018. The Respondent did not submit any Response. Accordingly, the Center notified the Respondent's default on June 26, 2018. On the same date, the Respondent submitted an informal email communication.
The Center appointed Ian Lowe as panelist in this matter on July 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, section 7.
4. Factual Background
The Complainant was founded in 2011 and provides an online marketplace for local buyers and sellers. OfferUp is a web and mobile app that allows users to sell their goods online by posting a picture to the OfferUp website, browse local offers, make offers on the deals they find, and send instant messages between sellers and potential buyers. Since 2011, the Complainant has owned and operated a website at "www.offerup.com" in connection with these services, with more than 50 million app downloads, facilitating billions of United States Dollars of sales of goods annually.
The Complainant is the proprietor of United States trademark number 4267416 OFFERUP, registered on January 1, 2013.
The Domain Name was registered on October 21, 2017. It resolves to a website in the English language (the "Respondent's Website") apparently offering identical services to those of the Complainant. It also allows users to sell their goods online by posting a picture on the Respondent's Website, browse offers, make offers on the deals they find, and send messages between sellers and potential buyers.
5. Parties' Contentions
The Complainant contends that the Domain Name is identical to its OFFERUP trademark (the "Mark"), that the Respondent has no rights or legitimate interests in respect of the Domain Name, and that the Respondent registered and/or is using the Domain Name in bad faith within the meaning of section 6(b)(iv) of the Policy.
The Respondent did not reply to the Complainant's contentions. In response to the Center's sending the Respondent notification of its default, the Respondent sent an email to the Center on June 26, 2018 stating "I dont know who you are and that is my domain name in uae".
6. Discussion and Findings
For 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 or is being used in bad faith.
A. Identical or Confusingly Similar
The Complainant has uncontested rights in the Mark, both by virtue of its trademark registration and as a result of the goodwill and reputation acquired through its consistent use of the mark over some seven years. Ignoring the country code Top-Level Domain ("ccTLD") ".ae", the Domain Name is identical to the Mark. Accordingly, the Panel finds that the Domain Name is identical to a trademark in which the Complainant has rights.
B. Rights or Legitimate Interests
The 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 for a website with a name identical to that of the Complainant to provide what appear to be identical services in a manner identical to the way in which the Complainant operates. The Respondent is not authorized by the Complainant to use its Mark and there is no suggestion that the Respondent has been known by the name "OfferUp". It has chosen not to respond to the Complaint to explain its registration of the Domain Name or to take any other steps to counter the prima facie case established by the Complainant. In the circumstances, the Panel finds on balance that the Respondent does not have any rights or legitimate interests in respect of the Domain Name.
C. Registered or Used in Bad Faith
The Complainant asserts that in light of the immense popularity of its business, with its app being ranked the fourth most downloaded shopping app in the iTunes store, there is a strong likelihood that the Respondent purposely targeted the Complainant's Mark. The Panel notes that OFFERUP is a made-up word and, in the circumstances, it is most likely that the Respondent had the Complainant and its rights in the Mark in mind when it registered the Domain Name, particularly in light of the use to which the Respondent has put the Domain Name. The Complainant's rights in the Mark predate the registration of the Domain Name by several years and the Panel accepts that the obvious inference is that the Respondent registered the Domain Name for commercial gain with a view to taking unfair advantage of the Complainant's rights in the Mark, by confusing Internet users into believing that the Domain Name was being operated by or authorized by the Complainant for legitimate purposes related to the Complainant's activities.
Accordingly, the Panel finds that the Domain Name has been registered in bad faith. In light of the bad faith provisions of the Policy, it is not necessary to consider whether the Domain Name is being used in bad faith. However, since the Domain Name is being used for a website offering what appear to be identical services to those provided by the Complainant from its website under the Mark, the Panel does also find that the Domain Name is being used in bad faith.
For the foregoing reasons, in accordance with section 6(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name <offerup.ae> be transferred to the Complainant.
Date: July 9, 2018