Khan Academy, Inc. v. Carolina Rodrigues / Fundacion Comercio Electronico
Claim Number: FA2004001894219
Complainant is Khan Academy, Inc. ("Complainant"), represented by John L. Slafsky of Wilson Sonsini Goodrich & Rosati, United States. Respondent is Carolina Rodrigues / Fundacion Comercio Electronico ("Respondent"), Panama.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <khanacadeemy.com>, <kahnachdemy.com>, <kahnacademykids.org>, <khanacademhy.org>, <hkahnacademy.com>, and <kahnkids.org>, registered with GoDaddy.com, LLC.
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 E. Sorkin as Panelist.
Complainant submitted a Complaint to the Forum electronically on April 29, 2020; the Forum received payment on April 29, 2020.
On April 30, 2020, GoDaddy.com, LLC confirmed by email to the Forum that the <khanacadeemy.com>, <kahnachdemy.com>, <kahnacademykids.org>, <khanacademhy.org>, <hkahnacademy.com>, and <kahnkids.org> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 May 4, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 26, 2020 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@khanacadeemy.com, postmaster@kahnachdemy.com, postmaster@kahnacademykids.org, postmaster@khanacademhy.org, postmaster@hkahnacademy.com, postmaster@kahnkids.org. Also on May 4, 2020, the Written Notice of the Complaint, notifying Respondent of the email 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.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On May 27, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules, and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain names be transferred from Respondent to Complainant.
A. Complainant
Complainant is a leading provider of online education, reaching millions of students worldwide via its websites, YouTube channel, and apps. Complainant has used the KHAN ACADEMY mark in connection with these services since its launch in 2006, and owns trademark registrations for KHAN ACADEMY in the United States and many other jurisdictions around the world. Complainant also uses KHAN ACADEMY KIDS in connection with services for small children launched in 2018.
Respondent registered the disputed domain names <khanacadeemy.com>, <kahnachdemy.com>, <kahnacademykids.org>, <khanacademhy.org>, <hkahnacademy.com>, and <kahnkids.org> via a privacy registration service between April 3 and April 6, 2020. The domain names all are being used for inactive websites consisting of pay-per-click links to third-party websites, most of which relate to online education services. Complainant states that it has not licensed or otherwise permitted Respondent to use its marks, and that Respondent is not commonly known by the disputed domain names.
Complainant contends on the above grounds that the disputed domain names <khanacadeemy.com>, <kahnachdemy.com>, <kahnacademykids.org>, <khanacademhy.org>, <hkahnacademy.com>, and <kahnkids.org> are confusingly similar to its KHAN ACADEMY and KHAN ACADEMY KIDS marks; that Respondent lacks rights or legitimate interests in the disputed domain names; and that the disputed domain names were registered and are being used in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that each of the disputed domain names is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain names; and that the disputed domain names were registered and are being used in bad faith.
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.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a), and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
The disputed domain names <khanacadeemy.com>, <kahnachdemy.com>, <kahnacademykids.org>, <khanacademhy.org>, <hkahnacademy.com>, and <kahnkids.org>, all incorporate Complainant's KHAN ACADEMY mark (or, in one instance, the dominant portion of the mark) with at most minor typographical variations, omitting the space and appending the ".com" or ".org" top-level domain thereto. These alterations do not substantially diminish the similarity between the domain names and Complainant's marks. See, e.g., Khan Academy, Inc. v. Zineb Guessous / Data Analytics, FA 1553472 (Forum May 22, 2014) (finding <kahnacademy.com> confusingly similar to KHAN ACADEMY); Khan Academy, Inc. v. Peter Misek / Elephant Orchestra, a.s., FA 1553502 (Forum May 22, 2014) (finding <kahnacademy.org> confusingly similar to KHAN ACADEMY). Accordingly, the Panel considers each of the disputed domain names to be confusingly similar to a mark in which Complainant has rights.
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain names, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain names incorporate misspelled versions of Complainant's registered KHAN ACADEMY mark without authorization, and they are being used to display pay-per-click links to competing services. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Khan Academy, Inc. v. Zineb Guessous / Data Analytics, supra (finding lack of rights or interests in similar circumstances); Khan Academy, Inc. v. Peter Misek / Elephant Orchestra, a.s., supra (same).
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain names, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain names.
Finally, Complainant must show that the disputed domain names were registered and are being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."
Respondent used a privacy registration service to register multiple domain names corresponding to misspelled versions of Complainant's mark (in clear instances of typosquatting), and is using them to profit by displaying links to competitors of Complainant. Such conduct is indicative of bad faith registration and use under the Policy. See, e.g., Khan Academy, Inc. v. Zineb Guessous / Data Analytics, supra (finding bad faith in similar circumstances); Khan Academy, Inc. v. Peter Misek / Elephant Orchestra, a.s., supra (same). The Panel so finds.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <khanacadeemy.com>, <kahnachdemy.com>, <kahnacademykids.org>, <khanacademhy.org>, <hkahnacademy.com>, and <kahnkids.org> domain names be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: May 27, 2020
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page