CreditNinja Lending, LLC v. creditorNinja.com / DotCom
Claim Number: FA2207002005045
Complainant is CreditNinja Lending, LLC (“Complainant”), represented by Gregory J. Chinlund of Marshall, Gerstein & Borun LLP, Illinois, USA. Respondent is creditorNinja.com / DotCom (“Respondent”), Georgia, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <creditorninja.com>, registered with Internet Domain Service BS Corp.
PANEL
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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the Forum electronically on July 20, 2022. The Forum received payment on July 20, 2022.
On July 25, 2022, Internet Domain Service BS Corp confirmed by e-mail to the Forum that the <creditorninja.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 July 29, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 18, 2022 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@creditorninja.com. Also on July 29, 2022, 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 August 23, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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, CreditNinja Lending, LLC, is a financial services company that provides a variety of personal and installment loans through an online process. Complainant has rights in the CREDITNINJA mark based upon registrations with the United States Patent and Trademark Office (“USPTO”). Respondent’s <creditorninja.com> is confusingly similar to Complainant’s CREDITNINJA trademark.
Complainant operates a website at “www.creditninja.com”.
Respondent does not have rights or legitimate interests in the <creditorninja.com> domain name. Respondent is not licensed or authorized to use Complainant’s CREDITNINJA mark and is not commonly known by the domain name. Respondent does not use the domain name for any bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent uses the domain name to attempt to pass itself off as Complainant.
Respondent registered the <creditorninja.com> domain name in bad faith with actual knowledge of Complainant’s rights in the CREDITNINJA mark and uses it in bad faith to disrupt Complainant’s business and as an attraction for commercial gain by attempting to pass itself off as Complainant.
B. Respondent
Respondent failed to submit a Response in this proceeding.
C. Additional Submissions
In response to the Panel’s Order pursuant to Rule 12, Complainant explained in its Supplemental Submission that KMD Partners, LLC is Complainant’s former business name and provided evidence that the change of name occurred on December 9, 2021. Complainant also made further submissions regarding the substance of the Complaint which the Panel finds unnecessary to consider.
Complainant has established all the elements entitling it to relief.
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 shown that it has rights in the CREDITNINJA mark based upon registrations with the USPTO (e.g., Reg. No. 5,846,273, registered in Complainant’s former name, KMD Partners, LLC, on August 27, 2019 and subsequently registered in Complainant’s name). The Panel finds Respondent’s <creditorninja.com> to be confusingly similar to Complainant’s CREDITNINJA trademark because the added letters “OR” to alter the word “CREDIT” to “CREDITOR” are insufficient to distinguish the domain name from the mark. The inconsequential “.com” generic top-level domain name (“gTLD”) may be ignored.
Complainant has established this element.
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <creditorninja.com> domain name was registered on May 10, 2022 in the name “Domain Admin / Whois Privacy Corp.” The Registrar identified the underlying registrant to the Forum as “CreditorNinja.com / DotCom.” Complainant has shown that the “Why Choose Us” and “Privacy Policy” pages on the website to which the domain name resolves indicate that Respondent’s name is “InstallmentLoansOnline.” Consequently, the Panel is not satisfied that Respondent has been commonly known by the <creditorninja.com> domain name.
The <creditorninja.com> domain name was registered several years after the registration of Complainant’s CREDITNIJA mark and its <creditninja.com> domain name. It resolves to a website offering an interactive form seeking personal information from persons seeking to secure a loan online.
These circumstances, together with Complainant’s assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <creditorninja.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019).
Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iv) by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on its website or location.
The Panel notes that the website to which the domain name resolves contains a very fine print webpage titled “Disclaimer”, with the following statement at the foot of the page:
“This site is not part of the direct lender known as [Credit Ninja]. You may be connected with a variety of lenders offering different rates, fees, and repayment options, including the direct lender known as [Credit Ninja].”
The Panel considers this disclaimer, given its location and very fine print, to be insufficient to dispel the impression likely to be held by visitors to the website that it is associated with Complainant. These circumstances satisfy the Panel that Respondent was fully aware of Complainant’s CREDITNIJA mark when Respondent registered the <creditorninja.com> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website, by creating a likelihood of confusion with Complainant’s mark as to the source of Respondent’s website and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
Complainant has established this element.
DECISION
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 <creditorninja.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: August 30, 2022
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