Groupon.asia

The timeline behind groupon.asia

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 Groupon Inc. v. Lars Castenlund-svendsen / Danish Heritage Co Ltd Claim Number: FA2301002026219 PARTIES Complainant is Groupon Inc. (“Complainant”), represented by Corsearch, Inc., Texas. Respondent is Lars Castenlund-svendsen / Danish Heritage Co Ltd (“Respondent”), Denmark. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <groupon.asia> (“Domain Name”), registered with GoDaddy.com, LLC. PANEL The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding. Nicholas J.T. Smith as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on January 3, 2023; Forum received payment on January 3, 2023. On January 4, 2023, GoDaddy.com, LLC confirmed by e-mail to Forum that the <groupon.asia> 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 January 9, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 30, 2023 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@groupon.asia. Also on January 9, 2023, 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 formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default. On February 5, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Nicholas J.T. Smith 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 Name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant Complainant, Groupon, Inc., connects consumers to merchants by offering goods and services at a discount. Complainant has rights in the GROUPON mark through its registration with multiple trademark organizations including the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. No. 3,685,954, registered on September 22, 2009). Respondent’s <groupon.asia> domain name is identical or confusingly similar to Complainant’s GROUPON mark as it incorporates the mark in its entirety while only adding the “.asia” generic top-level domain (“gTLD”). Respondent lacks rights and legitimate interests in the <groupon.asia> domain name. Respondent is not commonly known by the Domain Name, nor has Complainant authorized or licensed Respondent to use its GROUPON mark in the Domain Name. Respondent does not use the disputed domain name for any bona fide offering of goods or services, nor a legitimate noncommercial or fair use, but instead fails to make active use of the Domain Name. Respondent registered and uses the <groupon.asia> domain name. Respondent creates a likelihood of confusion among users while failing to make active use of the Domain Name. Furthermore, Respondent registered the Domain Name with actual knowledge of Complainant’s rights in the GROUPON mark. B. Respondent Respondent failed to submit a formal Response in this proceeding but by e-mail dated January 13, 2023 indicates that it consents to the transfer of the Domain Name to the Complainant. PRELIMINARY ISSUE: CONSENT TO TRANSFER Respondent consents to transfer the <groupon.asia> domain name to Complainant. However, after the initiation of this proceeding, GoDaddy.com, LLC. placed a hold on Respondent’s account and therefore Respondent cannot transfer the Domain Name while this proceeding is still pending. In a circumstance such as this, where Respondent has not contested the transfer of the Domain Name, but instead agrees to transfer the Domain Name to Complainant, the Panel is authorized to forego the traditional UDRP analysis. This Panel, in recognition of the common request of the parties, in the interests of judicial expedience, and in the absence of any aggravating circumstances, has so decided to forego the traditional UDRP analysis and to order an immediate transfer of the <groupon.asia> domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”). DECISION As the remedy of the Complainant and the request of the Respondent both sought to transfer the Domain Name from the Respondent to the Complainant, the Panel concludes that such relief shall be GRANTED. Accordingly, it is Ordered that the <groupon.asia> domain name be TRANSFERRED from Respondent to Complainant. Nicholas J.T. Smith, Panelist Dated: February 6, 2023 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.