Snap Inc. v Domain Admin / Whois Privacy Corp.
Claim Number: FA2012001926668
Complainant is Snap Inc. (“Complainant”), represented by Caroline Barbee of Kilpatrick Townsend & Stockton LLP, California, USA. Respondent is Domain Admin / Whois Privacy Corp. (“Respondent”), Bahamas.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <snapporn.online>, registered with TLD Registrar Solutions Ltd. (the “domain name”).
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.
Sebastian M W Hughes as Panelist.
Complainant submitted a Complaint to the Forum electronically on December 29, 2020; the Forum received payment on December 29, 2020.
On January 5, 2021, TLD Registrar Solutions Ltd. confirmed by e-mail to the Forum that the domain name is registered with TLD Registrar Solutions Ltd. and that Respondent is the current registrant of the name. TLD Registrar Solutions Ltd. has verified that Respondent is bound by the TLD Registrar Solutions Ltd. 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 January 6, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 26, 2021 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@snapporn.online. Also on January 6, 2021, 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 January 7, 2021.
Timely Additional Submissions were received from Respondent on January 9, 2021.
On January 12, 2021, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed Sebastian M W Hughes 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant owns and distributes its camera and messaging application under the well-known trademarks SNAPCHAT and SNAP (the “Trademark(s)”).
The domain name is resolved to a website (the “Website”), called “SNAPPORN,” which provides free pornographic videos that the Website claims were once posted to Complainant’s Snapchat application. The main page of the Website contains a tab titled “LIVE PORN” that redirects to a pornographic website, where live shows can be purchased for a fee and which appears to be the manner by which Respondent is monetizing the Website.
In response to Complainant’s cease and desist letter, Respondent offered to sell the domain name to Complainant, as follows:
“hi! the word snap is common, its use does not violate the law. If you want, I can delete the site for $10,000 or give it to you. Have a great day.”
The domain name is confusingly similar or identical to the Trademarks, the Respondent has no rights or legitimate interests in respect of the domain name, and the domain name was registered and is being used in bad faith.
B. Respondent
Respondent submitted in the Response as follows:
“All videos are downloaded from pornhub.com and all words containing snapchat matches these videos.
And the fact that there is an adult video in snapchat is the problem of snapchat. They exist, and there is no getting away from it.
On the site <snapporn.online>, there are no more words containing snapchat. eg. https://snapcom.com/. https://www.snapdeal.com/ https://ohsnappickles.com/ https://www.snap-raise.com/ etc.
the word snap is common and the same as «click, flip, fillip». I believe that the plaintiff is unreasonably demanding a domain containing this word.”
C. Additional Submissions
Respondent’s additional submissions were as follows:
“Response to the plaintiff regarding the sale of the domain for $ 10,000
When they started sending me emails allegedly on behalf of the Snap corporation, I generally thought that it was scammers who wanted to take my domain away from me.
Therefore, I just specifically named a large amount of $ 10,000, at first I wanted to name $ 1,000,000 in general, just so that they lag behind me.
At that time, I did not know that the real officials of Snap wrote to me.”
Complainant has established all the elements entitling it to transfer of the domain names.
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.
Complainant possesses rights in its Trademarks through registration and use. The domain name is confusingly similar to Complainant’s Trademarks. The dominant feature of Complainant’s Trademark, SNAP, is reproduced in the domain name.
Complainant has not authorized, licensed, or permitted Respondent to register or use the domain name or to use the Trademarks. The Panel finds on the record that there is therefore a prima facie case that Respondent has no rights or legitimate interests in the domain name, and the burden is thus on Respondent to produce evidence to rebut this presumption.
Respondent has failed to show that he has acquired any trademark rights in respect of the domain name or that the domain name has been used in connection with a bona fide offering of goods or services. To the contrary, the domain name has been used in respect of the Website, which makes direct reference to Complainant’s SNAPCHAT Trademark, in order to attract Internet users to the pornographic content on and linked to the Website, for commercial gain.
There has been no evidence adduced to show that Respondent has been commonly known by the domain name; and there has been no evidence adduced to show that Respondent is making a legitimate noncommercial or fair use of the domain name.
In light of the notoriety of Complainant and its Trademarks, the manner of use of the domain name, and Respondent’s offer to sell the domain name, the Panel finds that Respondent has registered and used the domain name in bad faith, under both paragraph 4(b)(iv) and paragraph 4(b)(i) of the Policy.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <snapporn.online> domain name be TRANSFERRED from Respondent to Complainant.
Sebastian M W Hughes, Panelist
Dated: January 25, 2021
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