Theepicapp.cloud

The timeline behind theepicapp.cloud

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.

NATIONAL ARBITRATION FORUM DECISION Epic Games, Inc. v. Kim Smith Claim Number: FA2502002139987 PARTIES Complainant is Epic Games, Inc. ("Complainant"), represented by Christopher M. Thomas of Parker Poe Adams & Bernstein LLP, North Carolina, USA. Respondent is Kim Smith ("Respondent"), Canada. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <theepicapp.cloud>, registered with HOSTINGER operations, UAB. 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 Forum electronically on February 12, 2025. Forum received payment on February 12, 2025. On February 14, 2025, HOSTINGER operations, UAB confirmed by e-mail to Forum that the <theepicapp.cloud> domain name is registered with HOSTINGER operations, UAB and that Respondent is the current registrant of the name. HOSTINGER operations, UAB has verified that Respondent is bound by the HOSTINGER operations, UAB 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 February 17, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 10, 2025 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@theepicapp.cloud. Also on February 17, 2025, 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, Forum transmitted to the parties a Notification of Respondent Default. On March 11, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury 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 Founded in 1991, Complainant, Epic Games, Inc., is a creator, developer and publisher of video games, a game engine, and content-creation software. Complainant owns many trademark registrations for EPIC, EPIC GAMES, and other EPIC GAMES-formative marks in the United States and many other countries. Complainant also owns extensive common law rights in these marks and has been using its EPIC GAMES mark widely and continuously in commerce since at least as early as 1999. It has owned and used the domain name <epicgames.com> since 1995. Respondent's <theepicapp.cloud> domain name is confusingly similar to Complainant's EPIC and EPIC GAMES marks. Respondent has no rights or legitimate interests in the <theepicapp.cloud> domain name. Respondent is not a licensee of Complainant and has never been authorized to use any of Complainant's marks. There is no evidence to suggest that Respondent is commonly known by the domain name. Respondent does not use the domain name for any bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent uses the domain name in connection with an employment scam in which Respondent refers people who inquire about fake online postings for jobs with Complainant to an "instructor" who will provide these new employees with online help if they access the domain name. Respondent registered the <theepicapp.cloud> domain name in bad faith with actual knowledge of Complainant's rights in the EPIC mark and uses it in bad faith to impersonate Complainant and conduct a fraudulent scheme. This is proof that Respondent registered the domain name to attract, for commercial gain, Internet users, and mislead them into visiting Respondent's website and providing Respondent with money under false pretenses. Further, in view of the publicity that Complainant has received over the past 25 years – as well as the fact that Respondent uses the domain name to induce would-be employees to provide their personal Epic Games account login information – it is inconceivable that Respondent registered and is using the domain name without knowledge of Complainant and its EPIC and EPIC GAMES marks. 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 the domain name should be cancelled or transferred: (i) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (ii) Respondent has no rights or legitimate interests in respect of the domain name; and (iii)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 as 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 EPIC, EPIC GAMES and EPIC GAMES logo marks through numerous registrations, including with the USPTO (e.g., EPIC, Reg. No. 2,168,887, registered on June 30, 1998; EPIC GAMES, Reg. No. 2,527,709, registered on January 8, 2002; and EPIC GAMES logo, Reg. No. 5,712,421, registered on April 2, 2019). 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 trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ("WIPO Overview 3.0 "), section 1.7. The Panel finds Respondent's <theepicapp.cloud> domain name to be confusingly similar to Complainant's EPIC mark, only differing by the addition to the mark of the words "the" and "app" which are insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".cloud" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429. 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 <theepicapp.cloud> domain name was registered on December 30, 2024, many years after the registration of Complainant's EPIC mark. It resolves to a webpage that prominently features Complainant's registered EPIC, EPIC GAMES and EPIC GAMES logo marks and purports to offer newly hired employees of Complainant a way to sign in and to create accounts with Complainant into which they are instructed to deposit money. 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 <theepicapp.cloud> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (Forum July 17, 2019). 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(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used 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, including: (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on your web site or location. The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant and its EPIC, EPIC GAMES and EPIC GAMES logo marks when Respondent registered the <theepicapp.cloud> domain name and 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 mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv). Further, that Respondent registered and is using the domain name in bad faith to impersonate Complainant for the purpose of fraudulently phishing for money. 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 <theepicapp.cloud> domain name be TRANSFERRED from Respondent to Complainant. Alan L. Limbury, Panelist Dated: March 12, 2025 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.