Star Television Productions Limited v. Serdar Akkus
Claim Number: FA1508001634560
Complainant is Star Television Productions Limited (“Complainant”), represented by GAURANG GAUTAM of SAIKRISHNA & ASSOCIATES, India. Respondent is Serdar Akkus (“Respondent”), Netherlands.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <startv.us>, registered with Key-Systems GmbH.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
David A. Einhorn as appoinited Panelist.
Complainant submitted a Complaint to the Forum electronically on August 24, 2015; the Forum received payment on August 24, 2015.
On August 24, 2015, Key-Systems GmbH confirmed by e-mail to the Forum that the <startv.us> domain name is registered with Key-Systems GmbH and that Respondent is the current registrant of the name. Key-Systems GmbH has verified that Respondent is bound by the Key-Systems GmbH registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the U.S. Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On August 25, 2015, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 14, 2015 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@startv.us. Also on August 25, 2015, 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 September 21, 2015, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David A. Einhorn 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 to the usTLD 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 usTLD Policy, usTLD 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 uses the STAR TV mark in connection with its operations as a leading media and entertainment business in Asia. Launched in 1991 with five television channels, Complainant pioneered satellite television in Asia and in the process catalyzed explosive growth in the industry across the Asia region. Complainant now broadcasts more than 40 STAR TV-branded channels in seven languages offering a comprehensive choice of entertainment, sports, movies, music, and documentaries around the world and reach more than 720 million viewers every week across India and 100 other countries. Complainant has registered the STAR TV mark with the Japan Patent Office (“JPO”) (e.g., Reg. No. 3,315,191, registered May 30, 1997), which demonstrates its rights in the STAR TV mark. The <startv.us> domain name is confusingly similar to Complainant’s mark as it incorporates Complainant’s mark in its entirety and merely adds the country code top-level domain (“ccTLD”) (.us” while eliminating spacing between words in the mark.
Respondent has no rights or legitimate interests in the disputed domain name. Respondent is not commonly known by the disputed domain name or the name STAR TV. Further, Respondent is not making a bona fide offering of goods or services through the disputed domain name or a legitimate noncommercial or fair use. Rather, Respondent is using the disputed domain name to host an inactive website containing third party links, thereby attempting to make profits through the “pay-per’click” model.
Respondent has registered or is using the disputed domain name in bad faith. Respondent is using the disputed domain name to intentionally attract, for commercial gain, Internet users by creating a likelihood of confusion with Complainant’s mark pursuant to Policy ¶ 4(b)(iv). Further, Respondent has engaged in conduct proscribed by Policy ¶ 4(a)(iii) by failing to make an active use of the disputed domain name.
B. Respondent
The Panel notes that the disputed domain name was registered on April 2, 2015.
Respondent failed to submit a formal Response in this proceeding, but stated in an email to the Forum, that it wishes to cancel or transfer the <startv.us> domain name to Complainant.
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 or is being used in bad faith.
Given the similarity between the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the usTLD Policy, the Panel will draw upon UDRP precedent as applicable in rendering its decision.
In this case, the parties have both asked that the subject domain name be transferred to Complainant. Since the requests of the parties are identical, the Panel has the discretion to recognize this common request without making finds of fact or law regarding compliance with the Policy. See Pelle Pelle, Inc. v Requiem, FA1284567 (Nat. Arb. Forum Oct. 23, 2009) (transferring the domain name registration where both complainant and respondent agreed to the transfer).
In light of the foregoing, the Panel decides that there is no necessity for it to resolve the three elements of Paragraph 4(a) of the Policy.
As Respondent agrees to the remedy sought by Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <startv.us> domain name be TRANSFERRED from Respondent to Complainant.
David A. Einhorn, Panelist
Dated: October 5, 2015
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