Taboola.com Ltd. v. yassine baddou
Claim Number: FA2302002031139
Complainant is Taboola.com Ltd. ("Complainant"), Israel, represented by Jessica Galluccio of Taboola.com Ltd., Israel. Respondent is yassine baddou ("Respondent"), Morocco.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <tabola.shop>, registered with NameCheap, Inc..
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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to Forum electronically on February 8, 2023; Forum received payment on February 8, 2023.
On February 9, 2023, NameCheap, Inc. confirmed by email to Forum that the <tabola.shop> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, 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 February 14, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 6, 2023 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@tabola.shop. Also on February 14, 2023, the Written Notice of the Complaint, notifying Respondent of the email 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 March 10, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin 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 name be transferred from Respondent to Complainant.
A. Complainant
Complainant describes itself as "the world's leading content discovery platform." Complainant states that it employs more than 1,300 people in its offices located in countries around the world and provides content recommendations to more than one billion unique visitors each month. Complainant has used TABOOLA and related marks in connection with its services since 2007. Complainant owns United States trademark registrations for TABOOLA in standard character and stylized form and for other TABOOLA-formative marks.
The disputed domain name <tabola.shop> was registered in October 2022. The name is registered in the name of a privacy registration service on behalf of Respondent. The Complaint states that the domain name "resolves to a webpage that displays a privacy error warning that cyber attackers may be trying to steal your information." (The accompanying screenshot, however, appears to be merely an invalid SSL certificate error message generated by the user's web browser. When the Panel attempted to access the website by bypassing the SSL certificate error message, a Cloudflare 403 error message appeared, suggesting that Respondent may not be actively using the domain name.) Complainant states that Respondent is not commonly known by the domain name and is not licensed or otherwise authorized to use Complainant's mark.
Complainant contends on the above grounds that the disputed domain name <tabola.shop> is confusingly similar to its TABOOLA mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
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 Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
The disputed domain name <tabola.shop> corresponds to Complainant's registered TABOOLA trademark, omitting one letter "O" and appending the ".shop" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Taboola.com Ltd. v. Dmitrii Vassilev, FA 1992853 (Forum May 24, 2022) (finding <tabola.net> confusingly similar to TABOOLA); Allen Edmonds, LLC a/k/a Allen Edmonds Corp. v. fdgjh / qing qiu, FA 1899187 (Forum July 7, 2020) (finding <allenedmondstore.shop> confusingly similar to ALLEN EDMONDS). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain name incorporates Complainant's registered mark without authorization. Respondent does not appear to have made any active use of the domain name, nor to have engaged in preparations for such use, suggesting that Respondent lacks rights or legitimate interests in the domain name. See, e.g., McGuireWoods LLP v. Xin Park, FA 2030142 (Forum Mar. 1, 2023) (finding lack of rights or interests in similar circumstances).
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."
Respondent registered a domain name corresponding to a misspelling of Complainant's registered mark, in an apparent instance of typosquatting. Respondent does not appear to have made any active use of the domain name and has failed to come forward with any explanation for its selection of or intended use for the domain name. The Panel therefore considers it reasonable to infer that Respondent registered the domain name intending to use it in a manner calculated to create and exploit confusion with Complainant and its marks, and that Respondent is maintaining the domain name for that purpose. See, e.g., McGuireWoods LLP v. Xin Park, supra (finding bad faith registration and use in similar circumstances); Morgan Stanley v. Sunky Jaja, FA 1981067 (Forum Feb. 16, 2022) (same). The Panel finds that the disputed domain name was registered and is being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <tabola.shop> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: March 13, 2023
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