Bloomberg Finance L.P. v. Domain Admin / Whois Privacy Corp.
Claim Number: FA2106001949305
Complainant is Bloomberg Finance L.P. (“Complainant”), represented by Melonie Callender of Bloomberg L.P., New York, USA. Respondent is Domain Admin / Whois Privacy Corp. (“Respondent”), Bahamas.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <bbe-bloomberg.com>, registered with Internet Domain Service BS Corp.
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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on June 1, 2021; the Forum received payment on June 1, 2021.
On June 4, 2021, Internet Domain Service BS Corp confirmed by e-mail to the Forum that the <bbe-bloomberg.com> domain name is registered with Internet Domain Service BS Corp and that Respondent is the current registrant of the name. Internet Domain Service BS Corp has verified that Respondent is bound by the Internet Domain Service BS Corp 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 9, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 29, 2021 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@bbe-bloomberg.com. Also on June 9, 2021, 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.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On July 1, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) 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 name be transferred from Respondent to Complainant.
A. Complainant
Complainant, Bloomberg Finance L.P., is one of the largest providers of global financial news. Complainant has rights in the BLOOMBERG mark based on registration with multiple trademark agencies, including the South Korea Intellectual Property Office (“KIPO”) (e.g., Reg. No. 0389613, registered Jan. 5, 1998.). Respondent’s <bbe-bloomberg.com> domain name is confusingly similar to Complainant’s mark because it fully incorporates the BLOOMBERG mark and simply adds the letters “BBE.”
Respondent does not have rights or legitimate interests in the <bbe-bloomberg.com> domain name. Respondent is not commonly known by the disputed domain name and Complainant has not licensed or permitted Respondent to use the BLOOMBERG mark. Additionally, Respondent does not use the disputed domain for any bona fide offering of goods or services or legitimate noncommercial or fair use as Respondent uses the domain to host advertisements to third-party websites.
Respondent registered and uses the <bbe-bloomberg.com> domain name in bad faith. Additionally, Respondent registered the disputed domain name with actual knowledge of disputed domain name based on the fame of the BLOOMBERG mark.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant, Bloomberg Finance L.P., is one of the largest providers of global financial news. Complainant has rights in the BLOOMBERG mark based on registration with multiple trademark agencies, including the South Korea Intellectual Property Office (“KIPO”) (e.g., Reg. No. 0389613, registered Jan. 5, 1998.). Respondent’s <bbe-bloomberg.com> domain name is confusingly similar to Complainant’s mark.
Respondent registered the disputed domain name on May 4, 2021.
Respondent does not have rights or legitimate interests in the <bbe-bloomberg.com> domain name. Respondent uses the domain to host advertisements to third-party websites.
Respondent registered and uses the <bbe-bloomberg.com> domain name 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 Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (“Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint”).
Complainant has rights in the BLOOMBERG mark under Policy ¶ 4(a)(i) based on registration of the mark with numerous trademark agencies, including the KIPO (e.g., Reg. No. 0389613, registered Jan. 5, 1998.). See Emerson Electric Co. v. Cai Jian Lin / Shen Zhen Shi colorsun Zi Dong Hua You Xian Gong Si, FA 1798802 (Forum Aug. 31, 2018) (“Registering a mark with multiple trademark agencies around the world is sufficient to establish rights in a mark for the purposes of Policy ¶ 4(a)(i).”).
Respondent’s <bbe-bloomberg.com> domain name is confusingly similar to Complainant’s mark because it fully incorporates the BLOOMBERG mark and simply adds the letters “BBE.”
Respondent does not have rights or legitimate interests in the <bbe-bloomberg.com> domain name because Respondent is not commonly known by the disputed domain name and Complainant has not licensed or permitted Respondent to use the BLOOMBERG mark. Here, the WHOIS information lists “Domain Admin / Whois Privacy Corp.” as the registrant. When no response is submitted, WHOIS information can be used to show that a respondent is not commonly known by the disputed domain name under Policy ¶ 4(c)(ii). See Google Inc. v. Domain Admin / Whois Privacy Corp., FA1502001605239 (Forum Mar. 22, 2015) (“WHOIS information for the at-issue domain name lists ‘Domain Admin / Whois Privacy Corp.’ as the domain name’s registrant and there is nothing in the record that otherwise suggests Respondent is commonly known by the <google-status.com> domain name. Therefore, the Panel finds that Respondent is not commonly known by the at-issue domain name pursuant to Policy ¶ 4(c)(ii).”). See Bloomberg Finance L.P. v. Esmeralda Ortega, FA1706001734794 (Forum July 5, 2017) (finding “that there is no evidence in the record to find that Respondent is commonly known by the disputed domain names”). Additionally, lack of license or authorization to use a mark constitutes a further showing that a respondent lacks rights in a mark. See Alaska Air Group, Inc. and its subsidiary, Alaska Airlines v. Song Bin, FA1408001574905 (Forum Sept. 17, 2014) (holding that the respondent was not commonly known by the disputed domain name as demonstrated by the WHOIS information and based on the fact that the complainant had not licensed or authorized the respondent to use its ALASKA AIRLINES mark).
Additionally, Respondent does not use the <bbe-bloomberg.com> domain for any bona fide offering of goods or services or legitimate noncommercial or fair use under Policy ¶¶ 4(c)(i) or (iii) as Respondent uses the domain to host advertisements to third-party websites. See Insomniac Holdings, LLC v. Mark Daniels, FA 1735969 (Forum July 15, 2017) (”Respondent’s use of <edcorlando.xyz> also does not qualify as a bona fide offering… the <edcorlando.xyz> domain name resolves to a site containing pay-per-click hyperlinks and advertisements… Since these kinds of advertisements generate revenue for the holder of a domain name, they cannot be noncommercial; further, they do not qualify as a bona fide offering.”).
Respondent had actual knowledge of the BLOOMBERG mark prior to registration of the <bbe-bloomberg.com> domain. Indeed, arbitrators have routinely found bad faith in circumstances where it is unlikely the registrant would have selected a Bloomberg domain name without knowing the reputation of the well-known trademark in question. See Bloomberg Finance L.P. v. Bloomberg Investments, FA1603001665140 (Forum April 19, 2016).
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <bbe-bloomberg.com> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Dated: July 15, 2021
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