Bitmex-fw.com

The timeline behind bitmex-fw.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.

DECISION HDR Global Trading Limited v. wenben zhou Claim Number: FA2012001923924 PARTIES Complainant is HDR Global Trading Limited ("Complainant"), represented by David Barker of SNELL & WILMER L.L.P, Arizona, USA. Respondent is wenben zhou ("Respondent"), China. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <bitmex-fw.com>, registered with GoDaddy.com, LLC. 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. David E. Sorkin as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the Forum electronically on December 4, 2020; the Forum received payment on December 4, 2020. On December 7, 2020, GoDaddy.com, LLC confirmed by email to the Forum that the <bitmex-fw.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 December 14, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 4, 2021 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@bitmex-fw.com. Also on December 14, 2020, 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, the Forum transmitted to the parties a Notification of Respondent Default. On January 6, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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, the 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 name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant Complainant owns and operates a cryptocurrency trading platform. Complainant states that it hosts more cryptocurrency trades than any other platform in the world, with an annual trading volume of $1 trillion. Complainant has used the BITMEX mark since 2014 in connection with financial trading platform services, and owns trademark registrations for BITMEX in China, the Republic of Korea, the European Union, and other jurisdictions. Respondent registered the disputed domain name <bitmex-fw.com> in September 2020. In November 2020, the domain name was used for a website titled "Bitmex" that offered a cryptocurrency exchange platform. Complainant sent a cease and desist letter to Respondent. Respondent did not respond to that letter, but the domain name subsequently was used for a Chinese-language website, apparently related to a school. Complainant contends on the above grounds that the disputed domain name <bitmex-fw.com> is confusingly similar to its BITMEX 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. FINDINGS 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. DISCUSSION 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"). Identical and/or Confusingly Similar The disputed domain name <bitmex-fw.com> incorporates Complainant's registered BITMEX trademark, adding a hyphen, the letters "FW," and the ".com" top-level domain. These additions do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., HDR Global Trading Ltd. v. Jatin Shah, FA 1915432 (Forum Oct. 29, 2020) (finding <bitmexoi.com> confusingly similar to BITMEX); HDR Global Trading Ltd. v. Lin Da, No. 103220 (Czech Arb. Ct. Sept. 7, 2020) (finding <bitmex‑wh.com> confusingly similar to BITMEX); HDR Global Trading Ltd. v. Sun Wukong, FA 1858673 (Forum Sept. 22, 2019) (finding <bitmexom.com> and <bitmexte.com> confusingly similar to BITMEX). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights. Rights or Legitimate Interests 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. It has been used to host a purported cryptocurrency platform, impersonating or competing with Complainant; and, after Complainant challenged that use, for an apparently unrelated website. Such use is unlikely to give rise to rights or legitimate interests under the Policy. See, e.g., HDR Global Trading Ltd. v. Jatin Shah, supra (finding lack of rights or interests where domain names were used for website imitating complainant's cryptocurrency platform); HDR Global Trading Ltd. v. Lin Da, supra (same); HDR Global Trading Ltd. v. Sun Wukong, supra (finding lack of rights or interests where domain names were used to redirect traffic to competing cryptocurrency exchange website); Wiluna Holdings, LLC v. Hermann Hochmayer, FA 1793174 (Forum July 19, 2018) (finding lack of rights or interests where domain name was used to divert users to unrelated website). 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. Registration and Use in Bad Faith 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 incorporating Complainant's mark and has used it to host a purported cryptocurrency exchange, impersonating or competing with Complainant. Such conduct is indicative of bad faith registration and use under the Policy. See, e.g., HDR Global Trading Ltd. v. Jatin Shah, supra (finding bad faith in similar circumstances); HDR Global Trading Ltd. v. Lin Da, supra (same). The Panel so finds. DECISION Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <bitmex-fw.com> domain name be TRANSFERRED from Respondent to Complainant. David E. Sorkin, Panelist Dated: January 7, 2021 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

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