Magicbit, Inc. v. Enmanuel canabal / Enmanuelcanabal
Claim Number: FA1906001847812
Complainant is Magicbit, Inc. (“Complainant”), represented by Nadezhda Petukhova, Virginia, USA. Respondent is Enmanuel canabal / Enmanuelcanabal (“Respondent”), Venezuela.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <savef.net>, registered with Namecheap, Inc..
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
David P. Miranda, Esq., as Panelist.
Complainant submitted a Complaint to the Forum electronically on June 13, 2019; the Forum received payment on June 13, 2019.
On June 17, 2019, Namecheap, Inc. confirmed by e-mail to the Forum that the <savef.net> domain name is registered with Namecheap, Inc. and that Respondent is the current registrant of the name. Namecheap, Inc. has verified that Respondent is bound by the Namecheap, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On June 25, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 15, 2019 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@savef.net. Also on June 25, 2019, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
The Panel received a Response from Respondent on July 1, 2019.
On July 9, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David P. Miranda, Esq., as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant claims rights in the SAVEFROM mark through its registration with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 4,931,103 registered Apr. 5, 2016). See Amend. Compl. Ex A. Complainant contends Respondent’s <savef.net> domain name is identical or confusingly similar as Respondent uses a short version of the SAVEFROM mark removing the “rom” at the end of the mark in addition to the “.net” generic top-level domain name (gTLD).
Complainant contends Respondent has no rights or legitimate interests in the <savef.net> domain name as Complainant has not authorized or granted Respondent to use the SAVEFROM mark nor is Respondent commonly known by the disputed domain name. Respondent fails to make a bona fide offering of goods or services or legitimate noncommercial fair use. Instead, Respondent uses the disputed domain name to impersonate Complainant in hopes of confusing internet users that some sort of affiliation exists.
Complainant contends Respondent registered and is using the <savef.net> in bad faith as Respondent uses the domain name for the purpose of disrupting Complainant’s business. Respondent further uses the domain name to intentionally attempt to attract, for commercial gain, internet users by creating a likelihood of confusion. Lastly, Respondent had actual or constructive knowledge of Complainant’s rights in the SAVEFROM mark due to the notoriety and fame of the mark.
B. Respondent
Respondent submits no arguments in response other than “I do not violate the Savefrom.net trademark” and states that it “wants to terminate in connection with or relating to any of the domain name(s) that are subject of the complainant.”
Respondent seeks to terminate its ownership of the domain name, so the domain is transferred without further findings.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Respondent states that it “wants to terminate in connection with or relating to any of the domain name(s) that are subject of the complainant.” Where a respondent renounces any connection or relationship with a domain name in dispute the Panel may decide to forego traditional UDRP analysis and order an immediate transfer. See Guess? IP Holder L.P. and Guess?, Inc. v. Semiha Bektas / Guess Global Trading, FA 1794421 (Forum Aug. 6, 2018) (“the Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain name but instead renounces the domain name at dispute, the Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the <guess-global.com> domain name.”). Therefore, this Panel concludes that Respondent’s claim to terminate connection to the disputed domain in its response is sufficient and orders an immediate transfer without further UDRP analysis.
Having established the elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <savef.net> domain name be TRANSFERRED from Respondent to Complainant.
David P. Miranda, Esq., Panelist
Dated: July 19, 2019
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