Las Vegas Sands Corp. v. Lin lin
Claim Number: FA1802001770701
Complainant is Las Vegas Sands Corp. ("Complainant"), represented by Michael J. Mccue, Nevada, USA. Respondent is Lin lin ("Respondent"), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <venetanimacau.com>, 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 February 6, 2018; the Forum received payment on February 6, 2018.
On Feb 07, 2018, GoDaddy.com, LLC confirmed by email to the Forum that the <venetanimacau.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. 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 February 8, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 28, 2018 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@venetanimacau.com. Also on February 8, 2018, 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 March 2, 2018, 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 name be transferred from Respondent to Complainant.
A. Complainant
Complainant owns and operates resort casinos in the United States, Macao, and Singapore. Among these are The Venetian in Las Vegas, which opened in 1999; and the Venetian Macao, the largest casino in the world, which opened in 2007. Complainant owns trademark registrations for VENETIAN and related marks in the United States, China, and other jurisdictions. The domain names that Complainant uses for the Venetian Macao include <venetianmacao.com> (English) and <venetianmacau.com> (Chinese).
Respondent registered the disputed domain name <venetanimacau.com> in November 2016. The domain name resolves to a website that imitates Complainant’s Chinese-language Venetian Macao site. It includes Complainant’s marks and the same layout and color scheme, along with images copied from Complainant's site and links to an unrelated gambling website. Complainant states that it has not authorized Respondent to use its marks, and that Respondent is not commonly known by the disputed domain name.
Complainant contends on the above grounds that the disputed domain name <venetanimacau.com> is confusingly similar to a mark in which Complainant has rights; that Respondent has no rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is 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 and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Forum July 31, 2000) (holding that the respondent's failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) ("In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.").
The disputed domain name <venetanimacau.com> incorporates a misspelled version of Complainant's registered mark VENETIAN (transposing the letters “I” and “an”), adding the geographic term “Macau” and the “.com” top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Las Vegas Sands Corp. v. venetianhk-com c/o venetianhk, FA 1212872 (Forum Aug. 6, 2008) (finding <venetianhk.com> confusingly similar to VENETIAN); Las Vegas Sands Corp. v. Josephine Ng, FA 1191308 (Forum July 1, 2008) (finding <venetianmacaoferries.com> and <venetianmacaotravel.com> confusingly similar to VENETIAN); Caesars World, Inc. v. Lester Bakator, D2005-0125 (WIPO Mar. 18, 2005) (finding <ceasars-palace.com> confusingly similar to CAESARS PALACE). The Panel considers the disputed domain name 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 name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Prods., Inc. v. Entm't Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain name incorporates Complainant's registered mark and corresponds to Complainant's domain name, transposing letters in an instance of typosquatting. Its sole apparent use has been for a website that mimics the appearance of Complainant’s site, presumably for Respondent’s commercial gain. Such use does not give rise to rights or legitimate interests. See, e.g., Las Vegas Sands Corp. v. venetianhk-com c/o venetianhk, supra (finding lack of rights or legitimate interests where domain name incorporating VENETIAN mark resolved to website that mimicked Complainant’s website).
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, 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 name.
Finally, Complainant must show that the disputed domain name was registered and has been 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's registration of a domain name obviously intended to create confusion with Complainant, together with its use of that domain name for a website mimicking Complainant’s site and linking to an unrelated site for Respondent’s presumed commercial gain, is indicative of bad faith under the Policy. See, e.g., CCL Label, Inc. v. Christopher Tancr, FA 1727564 (Forum May 24, 2017) (finding bad faith where domain name was used for website that mimicked appearance of complainant’s site); Las Vegas Sands Corp. v. venetianhk-com c/o venetianhk, supra (same). The Panel finds that the disputed domain name was registered and is being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <venetanimacau.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: March 3, 2018
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