Mackweidons.com

The timeline behind mackweidons.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 Mack Weldon, Inc. v. Client Care / Web Commerce Communications Limited Claim Number: FA2110001968267 PARTIES Complainant is Mack Weldon, Inc. (“Complainant”), represented by Shane Rumbaugh, Pennsylvania, USA. Respondent is Client Care / Web Commerce Communications Limited (“Respondent”), Malaysia. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <mackweidons.com>, registered with ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED. 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. Alan L. Limbury, as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the Forum electronically on October 8, 2021. The Forum received payment on October 8, 2021. On October 11, 2021, ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED confirmed by e-mail to the Forum that the <mackweidons.com> domain name is registered with ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED and that Respondent is the current registrant of the name. ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED has verified that Respondent is bound by the ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED 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 October 12, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 1, 2021 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@mackweidons.com. Also on October 12, 2021, 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, the Forum transmitted to the parties a Notification of Respondent Default. On November 8, 2021, pursuant to Complainant's request to have the dispute decided by a three-member Panel, the Forum appointed Alan L. Limbury 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 provides a wide variety of clothing merchandise, apparel accessories and online retail store services featuring clothing. Complainant has rights in the MACK WELDON mark through registrations with the United States Patent and Trademark Office (“USPTO”). Respondent’s <mackweidons.com> domain name is identical or confusingly to Complainant’s mark. Respondent lacks rights and legitimate interests in the <mackweidons.com> domain name. Respondent is not commonly known by the domain name, nor has Complainant authorized or licensed Respondent to use its MACK WELDON mark in the domain name. Respondent does not use the domain name for any bona fide offering off goods or services, nor any legitimate noncommercial or fair use, but instead passes itself off as Complainant at the domain name’s resolving website, where Respondent takes orders and credit card information and purports to sell merchandise under the MACK WELDON mark, which Respondent is not authorized to do. Respondent registered and uses the <mackweidons.com> domain name in bad faith. Respondent attracts Internet users for commercial gain by redirecting users to the domain name’s resolving website, where Respondent passes itself off as Complainant to phish for user information. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS Complainant has established all the elements entitling it to relief. 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 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 Complainant has shown that it has rights in the MACK WELDON mark through registrations with the USPTO (e.g. Reg. 4,924,427, registered Mar. 22, 2016 and Reg. 4,207,789, registered Sept. 11, 2012). The Panel finds Respondent’s <mackweidons.com> domain name to be confusingly similar to Complainant’s mark as it replaces the “l” with an “i” in the mark and adds an “s”. These changes do nothing to distinguish the domain name from the mark. The inconsequential “.com” generic top-level domain (“gTLD”) may be ignored. Complainant has established this element. Rights or Legitimate Interests Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e. (i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or (iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue. The <mackweidons.com> domain name was registered on Aug. 16, 2021, nearly a decade after Complainant has shown that it registered its <mackweldon.com> domain name and commenced use of the MACK WELDON marks. The <mackweidons.com> domain name resolves to a website with a layout that is strikingly similar, if not exactly the same as Complainant’s website. These circumstances, together with Complainant’s assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <mackweidons.com> domain name. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014). Respondent has made no attempt to do so. The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name. Complainant has established this element. Registration and Use in Bad Faith Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, i.e. (iii) Respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, 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 its website or location. The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s MACK WELDON marks when Respondent registered the <mackweidons.com> domain name and did so in bad faith primarily for the purpose of disrupting the business of a competitor. This demonstrates registration and use in bad faith under Policy ¶ 4(b)(iii). Further, the Panel is satisfied that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website, by creating a likelihood of confusion with Complainant’s marks as to the source of Respondent’s website and of the goods promoted on that website. This demonstrates registration and use in bad faith under Policy ¶ 4(b)(iv). Complainant has established this element. DECISION Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <mackweidons.com> domain name be TRANSFERRED from Respondent to Complainant. Alan L. Limbury, Panelist Dated: November 9, 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.