JUUL Labs, Inc. v. Faruk Pazarlama
Claim Number: FA2210002015840
Complainant is JUUL Labs, Inc. (“Complainant”), represented by James F. Struthers of Richard Law Group, Inc., Texas. Respondent is Faruk Pazarlama (“Respondent”), Turkey.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain names at issue are <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com>, registered with Name.com, Inc.
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 Forum electronically on October 13, 2022; Forum received payment on October 13, 2022.
On Oct 13, 2022, Name.com, Inc. confirmed by e-mail to Forum that the <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names are registered with Name.com, Inc. and that Respondent is the current registrant of the names. Name.com, Inc. has verified that Respondent is bound by the Name.com, Inc. 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 October 17, 2022, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 7, 2022 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@jullturkiye.com, postmaster@jullturkiye1.com, postmaster@jullburada.com. Also on October 17, 2022, 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, Forum transmitted to the parties a Notification of Respondent Default.
On November 9, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, 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 names be transferred from Respondent to Complainant.
A. Complainant
Established in 2015, Complainant uses the JUUL word mark and JUUL LABS logo marks in connection with the supply of vaporizer devices and accessories as a smoking alternative for adults. Complainant has rights in those marks through registrations with the United States Patent and Trademark Office (“USPTO”). Respondent’s <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names are confusingly similar to Complainant’s famous JUUL mark.
Respondent has no rights or legitimate interests in the domain names, which were registered and are being used in bad faith.
As to legitimacy, Respondent is not commonly known by Complainant’s JUUL mark; is not affiliated with Complainant in any way; is not licensed to use Complainant’s trademarks; and is not an authorized vendor, supplier, or distributor of Complainant’s goods and services. Respondent uses the <jullturkiye.com> and <jullburada.com> domain names to promote competing online vapor product stores and competitors’ vapor products. This is not a legitimate or bona fide use nor is Respondent’s use of <jullturkiye1.com> for a pay-per-click webpage.
As to bad faith, Respondent has been previously held to have knowledge of Complainant’s rights in the JUUL mark in JUUL Labs, Inc. v. Faruk Pazarlama, FA1910001869241 (Forum Dec. 9, 2019); JUUL Labs, Inc. v. Faruk Pazarlama, FA2002001884222 (Forum March 18, 2020) and JUUL Labs, Inc. v. Faruk Pazarlama, FA2008001908002 (Forum Sept. 14, 2020). By promoting Respondent’s purported online stores at <jullturkiye.com> and <jullburada.com> using domain names confusingly similar to Complainant’s JUUL mark, and by seeking pay-per-click revenue using <jullturkiye1.com>, Respondent has attempted to benefit commercially from the goodwill associated with Complainant’s marks.
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 JUUL word mark and JUUL LABS stylized mark through registrations with the USPTO, (e.g. JUUL Reg. No. 4,818,664, registered on September 22, 2015 and JUUL LABS (stylized) Reg. No. 5,770,541 registered on June 4, 2019). The Panel finds Respondent’s <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names to be confusingly similar to Complainant’s JUUL mark, since each begins with the word “JULL”, a one-letter variation of Complainant’s JUUL trademark which merely repeats the letter L rather than the letter U. This difference, together with the additions “turkiye” (“Turkey” in English), “turkiye1” and “burada” (“here” in English), do nothing to distinguish the domain names from the mark. The inconsequential gTLD “.com” 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 names or names corresponding to the domain names 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 names, 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 names, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names were registered on April 17, 2021, May 22, 2022 and April 22, 2022 respectively, long after Complainant has shown that its JUUL trademark had become famous.
The landing page for <juulturkiye.com> is a JUUL and JUUL LABS branded online vapor products store called “Juul Türkiye” (“Juul Turkey”) which prominently displays the JUUL LABS logo at the top of each page. Respondent uses the site to promote competing vapor brands such as IQOS; displays no disclaimers; makes no other efforts to distinguish itself from Complainant; and does not disclose that there is no relationship between Respondent and Complainant. The copyright statement reads “JUUL © 2021 JUUL TÜRKİYE SİPARİŞ SİTESİ” (translates to “JUUL © 2021 JUUL TURKEY ORDERS SITE”).
The landing page for <jullburada.com> is also an online store that offers purported JUUL products and competing vapor products such as IQOS. Here too, there are no disclaimers and no other efforts or disclosures to distinguish Respondent from Complainant.
The domain name <jullturkiye1.com> resolves to a pay-per-click webpage.
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 <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names. 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
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 names in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iv) by using the domain names, 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 JUUL mark when Respondent registered the <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names and that Respondent has intentionally attempted 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 to attract users for commercial gain under Policy ¶ 4(b)(iv).
Respondent has previously been found to have acted in bad faith with respect to Complainant’s JUUL marks in at least 5 adverse UDRP decisions. See JUUL Labs, Inc. v. Faruk Pazarlama, FA2104001940178 (Forum April 28, 2021) (finding that Respondent registered <jullturkey.com> in bad faith and noting, “The Respondent has been the subject of adverse decisions under the Policy concerning domain names including marks of the Complainant sufficient to show a pattern of activity”); JUUL Labs, Inc. v. Pazarlama, FA2008001908002 (Forum Sept. 14, 2020 (<juulturkey.com>); JUUL Labs, Inc. v. Pazarlama, FA2009001913817 (Forum Oct. 28, 2020) (<julturkiye.com>); JUUL Labs, Inc. v. Pazarlama, FA1910001869241 (Forum Dec. 9, 2019) (<juulturkiye.net>); and JUUL Labs, Inc. v. Pazarlama, FA2002001884222 (Forum March 18, 2020) (<juultr.net>). This pattern of behaviour is further evidence of Respondent’s bad faith under the Policy.
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 <jullturkiye.com>, <jullturkiye1.com> and <jullburada.com> domain names be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: November 13, 2022.
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