Amazon Technologies, Inc. v. Saurabh Gusain
Claim Number: FA1605001675008
Complainant is Amazon Technologies, Inc. (“Complainant”), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondent is Saurabh Gusain (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <kindlehelpservice.com> and <help-for-kindle.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 conflict of interests in serving as Panelist in this proceeding.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the Forum electronically on May 13, 2016; the Forum received payment on May 13, 2016.
On May 16, 2016, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <kindlehelpservice.com> and <help-for-kindle.com> 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 17, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 6, 2016 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@kindlehelpservice.com, postmaster@help-for-kindle.com. Also on May 17, 2016, 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 which was compliant with the requirements of the Policy and it attendant Rules, the Forum transmitted to the parties a Notification of Respondent Default.
On June 8, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
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 a compliant response from Respondent.
Complainant requests that the domain names be transferred from Respondent to Complainant.
Preliminary Issue: Multiple Respondents
In the instant proceedings, Complainant has alleged that the entities which control the domain names at issue are effectively controlled by the same person and/or entity, which is operating under several aliases. In support of this contention, Complainant asserts that the named registrant for each of the domain names is the same, that the domain names share the same IP address, that the registrants are each located in Uttarakhand, India, and that the two registrants use a Gmail email address. Respondent does not deny any of this.
Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” On the strength of Complainant’s uncontested allegations on this issue, we conclude that the registrants of the two domain names in issue are the same domain name holder. We will therefore treat them as a single Respondent for all purposes in this proceeding.
A. Complainant
Complainant uses the KINDLE mark in connection with its marketing of an electronic reading device and related products and services.
Complainant holds a registration for the KINDLE trademark and service mark, which is on file with the United States Patent and Trademark Office (“USPTO”) as Registry No. 3,694,267, registered on October 6, 2009.
Respondent registered the domain name <kindlehelpservice.com> on April 19, 2016, and the domain name <help-for-kindle.com> on August 23, 2015.
The domain names are confusingly similar to Complainant’s KINDLE mark.
Respondent has not been commonly known by either of the domain names.
Respondent is neither making a bona fide offering of goods or services by means of, nor a legitimate noncommercial or fair use of, the domain names.
The domain names each resolve to websites purporting to offer technical support for Complainant’s Kindle products.
Respondent has no rights to or legitimate interests in the domain names.
Respondent’s registration and use of the domain names disrupts Complainant’s legitimate business.
Respondent has attempted to attract Internet users to its resolving web sites for its commercial gain by creating confusion among Internet users as to the possibility of Complainant’s sponsorship of or affiliation with the web sites.
Respondent knew of Complainant and its rights in the KINDLE mark when it registered the domain names.
Respondent registered and uses the domain names in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding which was compliant with the requirements of the Policy and its attendant Rules. However, in email messages addressed to the Forum, Respondent did not object to any of the allegations of the Complaint, but expressed a willingness to have the two contested domain names cancelled.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order to obtain from a Panel a decision that a domain name be transferred to it:
i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
ii. Respondent has no rights to or legitimate interests in respect of the domain name; and
iii. the same domain name has been registered and is being used by Respondent in bad faith.
Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (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.”
Further, Paragraph 14(b) of the Rules provides that, where a party fails to comply with requirements laid on by the Rules, the Panel may draw such inferences from that failure as it considers appropriate.
DECISION
It appears from the record that Respondent does not contest the material allegations of the Complaint. It further appears that Respondent does not object to Complainant’s request for the transfer to it of the subject domain names as prayed for in the Complaint, and that Respondent is willing to have the domain names cancelled, so that the parties have tacitly agreed to the transfer of the domain names from Respondent to Complainant without the need for further proceedings. In the exceptional circumstances here presented, no worthwhile purpose would be served by a rendition of findings otherwise customary in proceedings of this sort.
Accordingly, it is Ordered that the domain names <kindlehelpservice.com> and <help-for-kindle.com> be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: June 13, 2016
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