Amazon Technologies, Inc. v. fei lv
Claim Number: FA2112001975602
Complainant is Amazon Technologies, Inc. (“Complainant”), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondent is fei lv (“Respondent”), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ringdoorbellonsale.shop>, registered with NameSilo, 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 December 2, 2021. The Forum received payment on December 2, 2021.
On December 2, 2021, NameSilo, LLC confirmed by e-mail to the Forum that the <ringdoorbellonsale.shop> domain name is registered with NameSilo, LLC and that Respondent is the current registrant of the name. NameSilo, LLC has verified that Respondent is bound by the NameSilo, 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 December 6, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 27, 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@ringdoorbellonsale.shop. Also on December 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.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On January 4, 2022, 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.
A. Complainant
Complainant is one of the world’s leading retailers, offering products and services to more than 100 countries around the globe. Complainant operates the website “www.ring.com” offering inter alia the well-known Ring Doorbell. Launched in 2014, and named one of Time’s Top Gadgets that year, the Ring Doorbell streams live audio and video of a home’s front doorstep directly to a smartphone or tablet, allowing homeowners to answer the door from anywhere and get notified in real-time when visitors press the doorbell or trigger built-in motion sensors. Consumers can purchase Ring doorbells and cameras at the Ring online store.
Complainant has rights in the RING mark through registrations with the United States Patent and Trademark Office (“USPTO”). Through longstanding use, promotion, and commercial success, the RING trademark has become famous. See e.g., Amazon Technologies, Inc. v. Suresh Williams / AST, FA2109001964183 (Forum Oct. 14, 2021) (referencing “the notoriety of the RING trademark”).
Respondent’s <ringdoorbellonsale.shop> domain name is confusingly similar to Complainant’s RING mark.
Respondent lacks rights and legitimate interests in the <ringdoorbellonsale.shop> domain name. Respondent is not commonly known by the domain name, nor has Complainant authorized or licensed respondent to use its RING mark in the domain name. Respondent does not use the domain name for a bona fide offering of goods or services, nor a legitimate noncommercial or fair use, but instead passes itself off as Complainant on the domain name’s resolving “Ring Store” website, which copies Complainant’s graphics from Complainant’s “www.ring.com” website and purports to offer Complainant’s products for sale. Respondent identifies itself as Ring Store or Ring Video Doorbell Store and adopts a logo comprising Complainant’s RING trademark. An oversized image of Complainant’s camera with the Ring Logo is the most prominent element on the landing page. There are no disclaimers or other source identifiers. The copyright legend reads “© 2021 Ring Video Doorbell Store.”
Respondent registered the <ringdoorbellonsale.shop> domain name in bad faith with actual knowledge of Complainant’s rights in the RING mark and uses it in bad faith to disrupt Complainant’s business for commercial gain by passing itself off as Complainant on the domain name’s resolving website.
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 RING mark through registrations with the USPTO (e.g. Reg. 4,724,984, registered Apr. 21, 2015 and Reg. 5,135,694, registered Feb. 7, 2017). The Panel finds Respondent’s <ringdoorbellonsale.shop> domain name to be confusingly similar to Complainant’s mark as it incorporates the mark in its entirety, adding only the descriptive terms “doorbell” and “on sale” and the gTLD .shop, all of which are closely associated with Complainant’s products and online store and do nothing to distinguish the domain name from the mark.
Complainant has established this element.
(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.
Respondent registered the <ringdoorbellonsale.shop> domain name on November 14, 2021, long after Complainant has shown that its RING mark had become famous. The domain name resolves to a website displaying Complainant’s mark and copies of Complainant’s graphics and offering similar products and services.
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 name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <ringdoorbellonsale.shop> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019) (“According to the majority of Panel decisions this Panel also takes the position that while Complainant has the burden of proof on this issue, once the Complainant has made a prima facie showing, the burden of production shifts to the Respondent to show by providing concrete evidence that it has rights to or legitimate interests in the domain name at issue.”).
Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iii) Respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on its website or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s famous RING mark when Respondent registered the <ringdoorbellonsale.shop> domain name and did so primarily for the purpose of disrupting the business of a competitor. Further, that Respondent is using the domain name intentionally to attempt to attract, for commercial gain, Internet users to Respondent’s website, by creating a likelihood of confusion with Complainant’s mark as to the source of Respondent’s website and of the goods promoted on that website. This demonstrates registration and use in bad faith under Policy ¶ 4(b)(iii) and (iv).
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 <ringdoorbellonsale.shop> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: January 5, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page