Whaleychillers.com

The timeline behind whaleychillers.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

ARBITRATION AND MEDIATION CENTER ADMINISTRATIVE PANEL DECISION Whaley Products, Inc. v. Rahul Kumar. Case No. D2025-0996 1. The Parties The Complainant is Whaley Products, Inc., United States of America (“United States”), represented by Kelley Drye & Warren, LLP, United States. The Respondent is Rahul Kumar, India. 2. The Domain Name and Registrar The disputed domain name <whaleychillers.com> is registered with One.com A/S (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 11, 2025. On March 12, 2025, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 13, 2025, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent (REGISTRATION PRIVATE) and contact information in the Complaint. The Center sent an email communication to the Complainant on March 13, 2025, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on March 17, 2025. The Center verified that the Complaint together with the amended 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”). page 2 In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 18, 2025. In accordance with the Rules, paragraph 5, the due date for Response was April 7, 2025. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 8, 2025. The Center appointed Adam Taylor as the sole panelist in this matter on April 10, 2025. 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 The Complainant has manufactured and distributed industrial chillers and cooling systems in the United States under the WHALEY since 1993. The Complainant’s clients include high profile organisations such as NASA and Facebook. The Complainant has operated a website at “www.whaleyproducts.com” since 2000. The disputed domain name was registered on December 14, 2023. On October 22, 2024, the Complainant received a customer enquiry that included a photo of a product specification tag that featured the heading “WHALEY CHILLERS” plus the disputed domain name. As of November 6, 2024, the disputed domain name resolved to a website that was a clone of the Complainant’s website and which purported to offer the Complainant’s products for sale. At the time of the filing of the Complaint, the disputed domain name did not resolve to an active website. The Respondent did not reply to the Complainant’s cease and desist letter sent on October 28, 2024. 5. Parties’ Contentions A. Complainant The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trade mark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition, (“WIPO Overview 3.0 ”), section 1.7. page 3 The Panel finds the Complainant has established unregistered trade mark or service mark rights in the term WHALEY for the purposes of the Policy, based on the Complainant’s extensive use of that name in commerce over a period of some 30 years. WIPO Overview 3.0 , section 1.3. The entirety of the mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.0 , section 1.7. Although the addition of other terms (here, “chillers”) may bear on assessment of the second and third elements, the Panel finds the addition of such term does not prevent a finding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0 , section 1.8. The Panel finds the first element of the Policy has been established. B. Rights or Legitimate Interests Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name. Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognised that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.0 , section 2.1. Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise. Panels have held that the use of a domain name for illegitimate/illegal activity ( here, claimed sale of counterfeit goods, impersonation, or other types of fraud) can never confer rights or legitimate interests on a respondent. WIPO Overview 3.0 , section 2.13.1. The Panel finds the second element of the Policy has been established. C. Registered and Used in Bad Faith Paragraph 4(b) of the Policy sets out a list of non-exhaustive circumstances that may indicate that a domain name was registered and used in bad faith, but other circumstances may be relevant in assessing whether a respondent’s registration and use of a domain name is in bad faith. WIPO Overview 3.0 , section 3.2.1. Panels have held that the use of a domain name for illegitimate/illegal activity (here, claimed sale of counterfeit goods, impersonation, or other types of fraud) constitutes bad faith. WIPO Overview 3.0 , section 3.4. Having reviewed the record, the Panel finds the Respondent’s registration and use of the disputed domain name constitutes bad faith under the Policy. In particular, the Respondent has used the disputed domain name for a cloned version of the Complainant’s website and is likely using it to sell counterfeit or at least unauthorised/competing goods. The fact that the disputed domain name does not currently resolve to an active website does not prevent a finding of bad faith. page 4 The Panel finds that the Complainant has established the third element of the Policy. 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 <whaleychillers.com> be transferred to the Complainant. /Adam Taylor/ Adam Taylor Sole Panelist Date: April 24, 2025

Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.