Westmore · UDRP DecisionUkexpedia.com
The Panel ordered transfer of <ukexpedia.com>. It found the domain confusingly similar to Complainant's EXPEDIA mark, that Respondent lacked rights or legitimate interests because it used the domain for a fraudulent email phishing scheme, and that the phishing use and Respondent's actual knowledge established bad-faith registration and use.
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The Panel found bad-faith registration and use because Respondent used the domain for a fraudulent email phishing scheme. The emails displayed Complainant's logo and referred to Complainant's website, demonstrating Respondent's actual knowledge of Complainant's rights before registration.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Expedia, Inc. v. fiza fiza Claim Number: FA2602002207586 PARTIES Complainant is Expedia, Inc. ("Complainant"), represented by David M. Kelly of Kelly IP, LLP, District of Columbia, USA. Respondent is fiza fiza ("Respondent"), United Kingdom. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <ukexpedia.com>, registered with NameCheap, Inc. PANEL The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding. Richard Hill as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on February 26, 2026; Forum received payment on February 26, 2026. On February 27, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <ukexpedia.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 March 4, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 24, 2026 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@ukexpedia.com. Also on March 4, 2026, 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 25, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Richard Hill 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 states that it is one of the world's largest travel companies. It owns an extensive portfolio or group of travel brands including EXPEDIA, TRAVELOCITY, HOTELS.COM, HOTWIRE, ORBITZ, VRBO, and others that feature the world's broadest supply portfolio, encompassing more than 200 travel booking sites in more than 70 countries covering 3,000,000+ properties, 500+ airlines, and 220,000+ activities. Complainant operates one of the world's largest full-service online travel agencies through its EXPEDIA-branded websites comprised of the <expedia.com> website and localized EXPEDIA websites in more than 40 countries. Its websites provide business and leisure travelers online tools and information to efficiently research, plan, and book travel including housing and lodging, flights, car rentals, and activities. Over the years, Complainant's commercial success has been tremendous: it sells billions of dollars' worth of products and services each year. For example, Complainant's revenues were approximately $13,691,000 in 2024, $12,839,000,000 in 2023, and $11,667,000,000 in 2022. Complainant asserts rights in the EXPEDIA mark based upon its registration in the United States in 1999. The mark is registered elsewhere around the world, and it is famous. Complainant alleges that the disputed domain name is confusingly similar to its EXPEDIA mark because it contains the mark in its entirety, merely adding the geographic term "UK", together with the generic top-level domain name ("gTLD") ".com". Complainant cites UDRP precedents to support its position. According to Complainant, Respondent does not have rights or legitimate interests in the disputed domain name. Respondent is not licensed or authorized to use Complainant's EXPEDIA mark and is not commonly known by the disputed domain name. Respondent does not use the disputed domain name for a bona fide offering of goods or services or a legitimate noncommercial or fair use. Instead, Respondent uses the disputed domain name for fraudulent activities. Specifically, Respondent has used the disputed domain name to falsely impersonate Complainant by using the email address anaya@ukexpedia.com. Under the guise of falsely impersonating Complainant, Respondent attempted to defraud Complainant and consumers by selling fake travel reservations. In addition to its unauthorized use of Complainant's EXPEDIA mark in the disputed domain name, Respondent displayed Complainant's logo and listed Complainant's <expedia.com> website as its own website in its fraudulent email message. Complainant cites UDRP precedents to support its position. Further, says Complainant, Respondent registered and uses the disputed domain name in bad faith. Respondent uses the disputed domain name in furtherance of a fraudulent email phishing scheme. Respondent registered the disputed domain name with actual knowledge of Complainant's rights in the EXPEDIA mark. Complainant cites UDRP precedents to support its position. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS Complainant owns the mark EXPEDIA, with rights dating back to 1999 and uses it to provide travel and related services. The disputed domain name was registered in 2025. Complainant has not licensed or otherwise authorized Respondent to use its mark. The disputed domain name is used in furtherance of a fraudulent email phishing scheme. The fraudulent emails display Complainant's distinctive logo and their signature blocks refer to Complainant's website. DISCUSSION Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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 The disputed domain name incorporates Complainant's EXPEDIA mark in its entirety, merely adding the geographical term "UK", together with the ".com" generic top-level domain ("gTLD"). The mere addition of geographic terms and a top-level domain is not sufficient to differentiate a disputed domain name from the mark it incorporates. See Bloomberg Finance L.P. v. Nexperian Holding Limited, FA 1782013 (Forum June 4, 2018) ("Where a relevant trademark is recognisable within a disputed domain name, the addition of other terms (whether descriptive, geographical, pejorative, meaningless, or otherwise) does not prevent a finding of confusing similarity under the first element."); see also Home Depot Product Authority, LLC v. Angelo Kioussis, FA 1784554 (Forum June 4, 2018) ("The domain name contains the mark in its entirety, with only the addition of the generic letters 'sb' and the digits '2018,' plus the generic Top Level Domain ("gTLD") '.com.' These alterations of the mark, made in forming the domain name, do not save it from the realm of confusing similarity under the standards of the Policy."); see also Franklin Covey Co. v. franklincoveykorea, FA 1774660 (Forum Apr. 11, 2018) (finding that the <franklincoveykorea.com> domain name is confusingly similar to the FRANKLIN COVEY mark, as "[t]he addition of a geographic term and a gTLD do not negate confusing similarity between a domain name and a mark per Policy ¶ 4(a)(i)."). The Panel therefore finds that the disputed domain name is confusingly similar to Complainant's mark per Policy ¶ 4(a)(i). Rights or Legitimate Interests Respondent is not licensed or otherwise authorized to use Complainant's EXPEDIA mark and is not commonly known by the disputed domain name: under Policy ¶ 4(c)(ii), WHOIS information may be used to determine whether a respondent is commonly known by the disputed domain name. See State Farm Mutual Automobile Insurance Company v. Dale Anderson, FA 1613011 (Forum May 21, 2015) (concluding that because the WHOIS record lists "Dale Anderson" as the registrant of the disputed domain name, the respondent was not commonly known by the <statefarmforum.com> domain name pursuant to Policy ¶ 4(c)(ii)). Here, the WHOIS information for the disputed domain name lists the registrant as "fiza fiza". Thus the Panel finds that Respondent is not commonly known by the disputed domain name pursuant to Policy ¶ 4(c)(ii). Complainant presents evidence showing that Respondent uses the disputed domain name in furtherance of a fraudulent email phishing scheme, attempting to defraud Complainant and consumers by selling fake travel reservations. Panels have found such use by a respondent consists of neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use. See Morgan Stanley v. Zhange Sheng Xu / Zhang Sheng Xu, FA 1600534 (Forum Feb. 26, 2015) ("The Panel agrees that the respondent's apparent phishing attempt provides further indication that the respondent lacks any rights or legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii)."); see also Blackstone TM L.L.C. v. Mita Irelant Ltd., FA 1314998 (Forum Apr. 30, 2010) ("The Panel finds that Respondent's attempt to "phish" for users' personal information is neither a bona fide offering of goods and services pursuant to Policy ¶ 4(c)(i) nor a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii)."). Therefore, the Panel finds that Respondent's use of the disputed domain name constitutes neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use under Policy ¶¶ 4(c)(i) or (iii). And the Panel finds that Respondent does not have rights or legitimate interests in the disputed domain name. Registration and Use in Bad Faith Respondent (who did not reply to Complainant's contentions) has not presented any plausible explanation for its use of Complainant's mark. In accordance with paragraph 14(b) of the Rules, the Panel shall draw such inferences from Respondent's failure to reply as it considers appropriate. Accordingly, the Panel finds that Respondent did not have a legitimate use in mind when registering the disputed domain name. Indeed, as already noted, Respondent uses the disputed domain name in furtherance of a fraudulent email phishing scheme. This is evidence of bad faith registration and use under Policy ¶ 4(a)(iii). See Yahoo! Inc. v. Kalra, FA 1650447 (Forum Dec. 31, 2015); Qatalyst Partners LP v. Devimore, FA 1393436 (Forum Jul. 13, 2011) (finding that using the disputed domain name as an e-mail address to pass itself off as the complainant in a phishing scheme is evidence of bad faith registration and use.); see also National Oilwell Varco, L.P. v. Craig Wood/NOV, FA 1575951 (Forum Sept. 22, 2014) (finding bad faith where respondent fraudulently attempted to induce wire transfers by sending e-mails purporting to be from complainant's President and CEO); see also Capital One Financial Corporation and Capital One Bank v. Austin Howel, FA 289304 (Forum Aug. 11, 2004) (finding bad faith where respondent used complainant's mark to fraudulently induce transfer of credit and personal identification information). Consequently, the Panel finds that Respondent registered and is using the disputed domain name in bad faith per Policy ¶ 4(a)(iii). Further, Respondent registered the disputed domain name with actual knowledge of Complainant's mark: the fraudulent emails display Complainant's distinctive logo and their signature blocks refer to Complainant's website. While constructive notice is insufficient to demonstrate bad faith, actual knowledge of a complainant's rights in a mark prior to registration may be evidence of bad faith per Policy ¶ 4(a)(iii). See Custom Modular Direct LLC v. Custom Modular Homes Inc., FA 1140580 (Forum Apr. 8, 2008) ("There is no place for constructive notice under the Policy."); see also Am. Online, Inc. v. Miles, FA 105890 (Forum May 31, 2002) ("Respondent is using the domain name at issue to resolve to a website at which Complainant's trademarks and logos are prominently displayed. Respondent has done this with full knowledge of Complainant's business and trademarks. The Panel finds that this conduct is that which is prohibited by Paragraph 4(b)(iv) of the Policy."). The Panel finds that Respondent had actual knowledge of Complainant's rights in the mark prior to Respondent's registration of the disputed domain name and that this constitutes bad faith under Policy ¶ 4(a)(iii). DECISION Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <ukexpedia.com> domain name be TRANSFERRED from Respondent to Complainant. Richard Hill, Panelist Dated: March 25, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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