Westmore · UDRP DecisionOlxlxrh.com
The Panel ordered transfer of <olxlxrh.com> to OLX, Inc. It found the domain confusingly similar to the OLX trademark because it incorporated OLX in its entirety with only the apparently random letters “lxrh” added. The Panel also found that Respondent lacked rights or legitimate interests and had registered and used the domain in bad faith by using it for a website listing numerous third-party trademarks in an apparent attempt to attract Internet users for commercial gain through confusion with the OLX mark.
The timeline behind olxlxrh.com
Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.
Westmore reconstructs the full history behind olxlxrh.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:
The decision illustrates that appending apparently random letters to a trademark may leave confusing similarity intact, particularly where the mark remains fully recognizable. It also shows how unexplained website content built around third-party trademark links, combined with no authorization, no evidence of a corresponding identity, and no response, can support findings on both legitimate interests and bad faith.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION OLX, Inc. v. Suteria, Kassim Case No. D2014-1282 1. The Parties Complainant is OLX, Inc., New York, New York, United States of America, represented by CSC Digital Brand Services AB, Sweden. Respondent is Suteria, Kassim, Texas, United States of America. 2. The Domain Name and Registrar The disputed domain name <olxlxrh.com> is registered with Network Solutions, LLC (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 25, 2014. On July 25, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 25, 2014, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on July 31, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was August 20, 2014. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 21, 2014. The Center appointed Lynda J. Zadra-Symes as the sole panelist in this matter on August 29, 2014. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background Complainant operates online classified sites, including at “www.olx.com”, that enable users to (a) buy and sell goods, including vehicles, real estate, tickets and electronics, (b) solicit and offer services, such as babysitting, event services and repairs, (c) design ads to post on the OLX website, (d) display ads on profiles across social networking sites, such as Facebook, and (e) search for jobs across numerous locations and industries. Complainant is the owner of several registered trademarks for the mark OLX, including the following: United States Trademark Registration No. 3295467, registered September 18, 2007, for the mark OLX (stylized) and United States Trademark Registration No. 3626901, registered May 26, 2009, for the mark OLX for use in connection with services including online advertising services for others on the Internet and providing online databases featuring advertisements. Community Trade Mark Registration No. 007225717, registered August 7, 2009, for the mark OLX for use in connection with advertising, business management, business administration and office functions. Complainant has also registered domain names incorporating the OLX trademark in numerous countries. On July 15, 2014, Complainant’s representative sent a letter to Respondent asserting infringement of Complainant’s trademark and demanding transfer of the disputed domain name to Complainant. Respondent did not reply to this letter. The disputed domain name was registered on June 11, 2014. 5. Parties’ Contentions A. Complainant Complainant submits that its mark is well-known in the United States of America and internationally, that the disputed domain name is identical or confusingly similar to Complainant’s registered trademarks, that Respondent has no 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 did not reply to Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar The disputed domain name incorporates Complainant’s trademark in its entirety and adds the letters “lxrh”. The addition of a these apparently random letters does not add any distinguishing element and is insufficient to distinguish the disputed domain name from Complainant’s mark. The Panel finds that the disputed domain name is confusingly similar to Complainant’s trademark. B. Rights or Legitimate Interests Based on previous UDRP decisions, “a complainant is required to make out a prima facie case that the respondent lacks rights or legitimate interests. Once such a prima facie case is made, the burden shifts to the respondent to come forward with appropriate allegations or evidence demonstrating rights or legitimate interests in the domain name. If the respondent fails to come forward with such appropriate allegations or evidence, a complainant is generally deemed to have satisfied paragraph 4(a)(ii) of the UDRP”. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions , Second Edition (“WIPO Overview 2.0”), paragraph 2.1 . Complainant’s allegations in the Complaint and evidence submitted on this issue are sufficient to make out a prima facie case that Respondent has no rights or legitimate interests in the disputed domain name. Complainant’s asserted United States trademark Registrations issued prior to the registration of the disputed domain name and are prima facie evidence of the validity of the marks, the registration of the marks, the owner’s ownership of the marks, and of the owner’s exclusive right to use the registered marks in commerce on or in connection with the goods or services specified in the certificate. 15 U.S. Code (U.S.C.) Section 1057(b). The registrations also constitute constructive notice of Complainant’s claim of ownership of the marks as of the date of registration. 15 U.S.C. Section 1072. Respondent has no relationship with Complainant and has no permission from Complainant to use Complainant’s OLX trademark or any domain name incorporating that trademark. There is no evidence that Respondent is commonly known by the disputed domain name or had used or demonstrated preparations to use the domain name in connection with a bona fide offering of goods or services. The disputed domain name resolves to a page entitled “Ranking” and displays links listing numerous well-known trademarks of third parties, including trademarks such as HONDA, HARLEY, FISCHER, KENMORE, BARBIE, WARNER BROTHERS, SAMSUNG, OLD NAVY, HELLO KITTY, CALLAWAY, and many others. The links resolve to pages displaying the products of the third party companies, but does not provide the ability for the end user to purchase those products. Respondent’s website does not appear to be operated in connection with a bona fide offering of goods or services. Complainant submits that it did not find any registered trademarks or trade names of Respondent corresponding to the disputed domain name. There is nothing in the record indicating that Respondent is commonly known by the disputed domain name. There is no reference in the text of Respondent’s website to the domain name “olxlxhr” as a company name or trademark. No information is provided on the website regarding the company operating the website. The “about us” link on the website homepage is inoperative and does not link to any information. The Panel finds that Respondent lacks any rights or legitimate interests in the disputed domain name. C. Registered and Used in Bad Faith Whether a domain name is registered and used in bad faith for purposes of the Policy may be determined by evaluating four (non-exhaustive) factors set forth in the Policy: (i) circumstances indicating that the registrant has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the registrant’s documented out-of-pocket costs directly related to the domain name; or (ii) the registrant has registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the registrant has engaged in a pattern of such conduct; or (iii) the registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, Internet users to the registrant’s website or other online location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the registrant’s website or location or of a product or service on the registrant’s website or location. (Policy, paragraph 4(b)). The factors delineated in the Policy, paragraph 4(b), as supporting bad faith registration and use are “without limitation”. Complainant’s United States Trademark Registrations were registered several years prior to Respondents’ registration of the disputed domain name in June 2014. The disputed domain name incorporates Complainant’s mark in its entirety, resolves to a website listing numerous well known third party trademarks and is not being used in connection with a bona fide offering of goods or services. Respondent appears to be using the disputed domain name 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, sponsorship, affiliation or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location. In addition, Respondent’s use of the disputed domain name in this manner indicates that it is likely that Respondent had knowledge of Complainant’s rights in its mark at the time of registering the disputed domain name. The Panel finds that Respondent has registered and is using the disputed domain name in bad faith. 7. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, <olxlxrh.com> be transferred to the Complainant. Lynda J. Zadra-Symes Sole Panelist Date: September 12, 2014
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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