Facebook, Inc. v. darren lazarus
Claim Number: FA1909001863117
Complainant is Facebook, Inc. (“Complainant”), represented by David Taylor of Hogan Lovells (Paris) LLP, France. Respondent is darren lazarus (“Respondent”), New Jersey, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <facebookcryptocurrency.us>, 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.
Daniel B. Banks, Jr., as Panelist.
Complainant submitted a Complaint to the Forum electronically on September 20, 2019; the Forum received payment on September 20, 2019.
On September 20, 2019, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <facebookcryptocurrency.us> 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 the U.S. Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On September 23, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 15, 2019 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@facebookcryptocurrency.us. Also on September 23, 2019, 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.
A timely Response was received and determined to be complete on October 14, 2019.
On October 16, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Daniel B. Banks, Jr., as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is the world’s leading provider of online social networking services. Complainant has rights in the FACEBOOK mark through its trademark registrations around the world, including with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 3,041,791, registered Jan. 10, 2006; OG Date Nov. 14, 2006). Respondent’s <facebookcryptocurrency.us> domain name is confusingly similar to Complainant’s FACEBOOK mark as it incorporates the mark in its entirety, along with the term “cryptocurrency” and a “.us” country code top-level domain (“ccTLD”).
Respondent has no rights or legitimate interests in the <facebookcryptocurrency.us> domain name. Respondent is not authorized or licensed to use Complainant’s FACEBOOK mark and is not commonly known by the disputed domain name. Additionally, Respondent fails to use the disputed domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use. Rather, Respondent's disputed domain name resolves to a parked webpage.
Respondent registered and uses the <facebookcryptocurrency.us> domain name in bad faith.
B. Respondent
Respondent consents to transfer the <facebookcryptocurrency.us> domain name to Complainant. However, after the initiation of this proceeding, GoDaddy.com, LLC placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending.
FINDINGS
The Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <facebookcryptocurrency.us> domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
For the reasons stated above, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <facebookcryptocurrency.us> domain name be transferred from the Respondent to the Claimant.
Daniel B. Banks, Jr., Panelist
Dated: October 28, 2019
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