Amazon Technologies, Inc. v. Ivan Ivanov
Claim Number: FA2110001969246
Complainant is Amazon Technologies, Inc. (“Complainant”), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondent is Ivan Ivanov (“Respondent”), Russian Federation.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <amazongames-pr.com>, registered with Registrar of Domain Names REG.RU LLC.
PANEL
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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the Forum electronically on October 15, 2021. The Forum received payment on October 18, 2021. The Complaint was received in English.
On October 19, 2021, Registrar of Domain Names REG.RU LLC confirmed by e-mail to the Forum that the <amazongames-pr.com> domain name is registered with Registrar of Domain Names REG.RU LLC and that Respondent is the current registrant of the name. Registrar of Domain Names REG.RU LLC has verified that Respondent is bound by the Registrar of Domain Names REG.RU LLC registration agreement, which is in Russian, 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 October 19, 2021, the Forum served the English language Complaint and all Annexes, including an English and Russian Written Notice of the Complaint, setting a deadline of November 8, 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@amazongames-pr.com. Also on October 19, 2021, the English and Russian Written Notices of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, were 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 November 12, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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.
Preliminary Issue: Language of Proceeding
As noted, the Registrar of Domain Names REG.RU LLC registration agreement is in Russian. Pursuant to Rule 11(a), the language of the proceeding in relation to the <amazongames-pr.com> domain name shall be Russian, unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.
Complainant requests that the proceeding be conducted in English, noting that the <amazongames-pr.com> domain name comprises English words, the landing page for the domain name is fully in English, Respondent is using the domain name to send correspondence in English, and Respondent is targeting a U.S. company. In the absence of any Response, these circumstances satisfy the Panel that Respondent is likely to be proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding.
Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the English and Russian language Written Notice of the Complaint and, absent a Response, determines that the remainder of the proceedings may be conducted in English.
A. Complainant
Complainant, Amazon Technologies, Inc., offers online games via the <amazongames.com> website. Complainant asserts rights in the AMAZON mark based on registration with the United States Patent and Trademark Office (“USPTO”). Respondent’s <amazongames-pr.com> domain name is confusingly similar to Complainant’s AMAZON mark.
Respondent does not have rights or legitimate interests in the <amazongames-pr.com> domain name. Respondent is not commonly known by the domain name and Complainant has not licensed or authorized Respondent to use the AMAZON mark. Additionally, Respondent does not use the domain for any bona fide offering of goods or services or legitimate noncommercial or fair use as the domain name resolves to an inactive webpage and Respondent uses the domain name to send phishing emails, masquerading as Complainant.
Respondent registered the <amazongames-pr.com> domain name in bad faith with actual knowledge of Complainants rights in the AMAZON mark and uses the domain name in bad faith to pass itself off as Complainant and send phishing emails. Respondent engages in a pattern of bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant has established all the elements entitling it to relief.
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 set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (“Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint”).
Complainant has shown that it has rights in the AMAZON mark based on registration with the USPTO (e.g., Reg. No. 2,078,496, registered Jul. 15, 1997). The Panel finds Respondent’s <amazongames-pr.com> domain name to be confusingly similar to Complainant’s AMAZON mark as it incorporates the entire mark and adds the hyphenated descriptive terms “games” and “pr”, which do not distinguish the domain name from the mark, and the inconsequential “.com” generic top-level domain (“gTLD”), which may be ignored.
Complainant has established this element.
Rights or Legitimate Interests
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <amazongames-pr.com> domain name was registered on May 7, 2021, many years after Complainant has shown that its AMAZON mark had become famous worldwide. It resolves to a Reg.RU parking page. Complainant has shown that Respondent uses the domain name in e-mails ostensibly from “PR manager of Amazon Games” to impersonate Complainant and to deceive unsuspecting recipients into paying $3,000 for a “collaboration” with Complainant’s Amazon Games division.
These circumstances, together with Complainant’s assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain names on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <amazongames-pr.com> domain name. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014). Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain names.
Complainant has established this element.
Registration and Use in Bad Faith
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s famous AMAZON mark when Respondent registered the <amazongames-pr.com> domain name and that Respondent has intentionally attempted to impersonate Complainant for commercial gain, by creating a likelihood of confusion with Complainant’s mark as to the source of Respondent’s emails and of the opportunity promoted in those emails. This demonstrates registration and use in bad faith.
Further, Respondent has engaged in a pattern of such bad faith behaviour. See Fitness Anywhere LLC v. Ivan Ivanov, FA2103001937269 (Forum May 7, 2021); Western Alliance Bancorporation vs. Ivan Ivanov, D2019-2129 (WIPO Oct. 23, 2019); and A Medium Corporation v. Protection of Private Person, REG.RU Protection Service/Ivan Ivanov, D2018-2382 (WIPO Dec. 10, 2018).
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <amazongames-pr.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: November 15, 2021
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