DECISION

 

Blackstone TM L.L.C. v. Williams Euphemia / Jones Geoffrey

Claim Number: FA2405002097463

PARTIES

Complainant is Blackstone TM L.L.C. ("Complainant"), represented by Eric J. Shimanoff of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Williams Euphemia / Jones Geoffrey ("Respondent"), Multiple locations.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <blackstoneaig.com>, <blackstoneain.com>, <blackstoneais.com>, <blackstoneait.com>, <blackstoneaibe.com>, <blackstoneaipro.com>, <blackstoneaitop.com>, <blackstoneaiex.com>, <bstoneapac.com>, <blkstonex.com>, <blstapac.com> and <blksto.com>, registered with Pdr Ltd. D/B/A Publicdomainregistry.Com, Hosting Concepts B.V. D/B/A Registrar.Eu and Hosting Concepts B.V. d/b/a Registrar.eu.

 

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.

 

James Bridgeman SC as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on May 10, 2024; Forum received payment on May 10, 2024.

 

On May 13, 2024 and May 17, 2024, Pdr Ltd. D/B/A Publicdomainregistry.Com, Hosting Concepts B.V. D/B/A Registrar.Eu and Hosting Concepts B.V. d/b/a Registrar.eu confirmed by e-mail to Forum that the <blackstoneaig.com>, <blackstoneain.com>, <blackstoneais.com>, <blackstoneait.com>, <blackstoneaibe.com>, <blackstoneaipro.com>, <blackstoneaitop.com>, <blackstoneaiex.com>, <bstoneapac.com>, <blkstonex.com>, <blstapac.com> and <blksto.com> domain names are registered with Pdr Ltd. D/B/A Publicdomainregistry.Com, Hosting Concepts B.V. D/B/A Registrar.Eu and Hosting Concepts B.V. d/b/a Registrar.eu and that Respondent is the current registrant of the names. Pdr Ltd. D/B/A Publicdomainregistry.Com, Hosting Concepts B.V. D/B/A Registrar.Eu and Hosting Concepts B.V. d/b/a Registrar.eu has verified that Respondent is bound by the Pdr Ltd. D/B/A Publicdomainregistry.Com, Hosting Concepts B.V. D/B/A Registrar.Eu and Hosting Concepts B.V. d/b/a Registrar.eu registration agreements 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 May 20, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 10, 2024 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@blackstoneaig.com, postmaster@blackstoneain.com, postmaster@blackstoneais.com, postmaster@blackstoneait.com, postmaster@blackstoneaibe.com, postmaster@blackstoneaipro.com, postmaster@blackstoneaitop.com, postmaster@blackstoneaiex.com, postmaster@bstoneapac.com, postmaster@blkstonex.com, postmaster@blstapac.com, postmaster@blksto.com. Also on May 20, 2024, 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 June 11, 2024, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed James Bridgeman SC 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.

 

RELIEF SOUGHT

Complainant requests that the domain names be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: MULTIPLE RESPONDENTS

Policy Rule 3(c) provides that a complaint may relate to more than one domain name, provided that the domain names are registered and/or controlled by the same domain name holder.

 

Complainant applies for consolidation of the Complaints for all of the disputed domain names arguing that the disputed domain names <blackstoneaig.com>, <blackstoneain.com>, <blackstoneais.com> <blackstoneait.com>. which are owned by the first named Respondent, "Williams Euphemia") resolved to the same identical site as the disputed domain names <bstoneapac.com>, <blkstonex.com>, <blstapac.com>, and <blksto.com>, which are owned by the second registrant "Jones Geoffrey" and were all ostensibly used as part of a concerted scheme to impersonate Complainant.

 

In addition, Complainant submits that the disputed domain names are registered with one of two registrars within a little more than two weeks of each other; and referring to an exhibit annexed to the Complaint, and that notes that eleven of the twelve disputed domain names are hosted by the same ISP. (Specifically "Exhibit 7" to the Complaint).

 

There is no Exhibit 7 submitted with the Complaint, and in fact at the end of the Complaint there is a list of annexes and only five annexes are listed viz

        INDEX OF EXHIBITS

        Exhibit 1: Copies of the UDRP Policy, UDRP Rules and Forum Supp. Rules

        Exhibit 2: Proof of Complainant's registered marks

        Exhibit 3: Printouts from Complainant's website

        Exhibit 4: Printout of WhoIs search results for disputed domain names

        Exhibit 5: Printout of websites for disputed domain names

 

The panel has considered if this may be a typo in the Amended complaint, with "Exhibit 7" wrongly numbered.

 

However "Exhibit 5" only contains screen captures of websites to which the disputed domain names <blackstoneaig.com>, <blackstoneain.com>, <blackstoneais.com>, <blackstoneait.com>, <blackstoneaibe.com>, <blackstoneaipro.com>, <blackstoneaitop.com>, <blackstoneaiex.com>, resolve without giving any evidence of the uses to which the disputed domain names <bstoneapac.com>, <blkstonex.com>, <blstapac.com> and <blksto.com> have been put by the second named Respondent.

 

Complainant has therefore failed to prove that all of the disputed domain names are held by the same registrant or even by different registrants acting in concert.

 

The application to consolidate the proceedings in respect of all of the disputed domain names must therefore be refused. Given the large number of domain names, at issue and that the registrants are differently identified in the WhoIs information, it would probably have been more appropriate and efficient to bring two separate applications.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant having failed in its application in relation to procedure, is not necessary to set out Complainant's submissions on the substantive issues.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

As Complainant has failed in its application on the procedural issue it is not appropriate for this Panel to make any findings of fact.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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").

 

Identical and/or Confusingly Similar

As Complainant has failed in its application on the procedural issue it is not appropriate for this Panel to make any findings of fact.

 

Rights or Legitimate Interests

As Complainant has failed in its application on the procedural issue it is not appropriate for this Panel to make any findings of fact.

 

Registration and Use in Bad Faith

As Complainant has failed in its application on the procedural issue it is not appropriate for this Panel to make any findings of fact.

 

DECISION

Having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.

 

Accordingly, it is Ordered that the <blackstoneaig.com>, <blackstoneain.com>, <blackstoneais.com>, <blackstoneait.com>, <blackstoneaibe.com>, <blackstoneaipro.com>, <blackstoneaitop.com>, <blackstoneaiex.com>, <bstoneapac.com>, <blkstonex.com>, <blstapac.com> and <blksto.com> domain names REMAIN WITH Respondent.

 

                                           

_________________________________________________

 

James Bridgeman SC

Panelist

Dated: June 13, 2024