Westmore · UDRP DecisionGetlifeproof.com
The Panel ordered transfer of <getlifeproof.com>, finding it confusingly similar to Complainant's registered LIFEPROOF mark, that Respondent lacked rights or legitimate interests because it was not commonly known by the domain and used it to offer competing LIFEPROOF-branded goods, and that Respondent registered and used the domain in bad faith for commercial gain with actual knowledge of Complainant's rights.
The timeline behind getlifeproof.com
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The Panel found bad faith under Policy ¶ 4(b)(iv) because Respondent used the domain for commercial gain. It also found Respondent had actual knowledge of Complainant's rights, based on direct competition and use of Complainant's well-known Home Depot mark.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Home Depot Product Authority, LLC v. xiang zhenhua Claim Number: FA2604002217841 PARTIES Complainant is Home Depot Product Authority, LLC ("Complainant"), represented by Laura Lamansky of Michael Best & Friedrich LLP, Illinois, USA. Respondent is xiang zhenhua ("Respondent"), China. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <getlifeproof.com>, registered with Dynadot 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. Sandra J. Franklin as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on April 24, 2026; Forum received payment on April 24, 2026. On April 29, 2026, Dynadot Inc confirmed by e-mail to Forum that the <getlifeproof.com> domain name is registered with Dynadot Inc and that Respondent is the current registrant of the name. Dynadot Inc has verified that Respondent is bound by the Dynadot 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 April 30, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 20, 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@getlifeproof.com. Also on April 30, 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 May 21, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Sandra J. Franklin 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 1. Respondent's <getlifeproof.com> domain name is confusingly similar to Complainant's LIFEPROOF mark. 2. Respondent does not have any rights or legitimate interests in the <getlifeproof.com> domain name. 3. Respondent registered and uses the <getlifeproof.com> domain name in bad faith. B. Respondent did not file a Response. FINDINGS Complainant, Home Depot Product Authority, LLC, holds a registration for the LIFEPROOF mark with the United States Patent and Trademark Office ("USPTO") (Reg. No. 7,068,336, registered May 30, 2023). Respondent registered the <getlifeproof.com> domain name on January 14, 2026, and uses it primarily to pass off as and compete with Complainant. 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 3.1 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 Panel finds that Complainant has rights in the LIFEPROOF mark through registration with the USPTO. See DIRECTV, LLC v. The Pearline Group, FA 1818749 (Forum Dec. 30, 2018) ("Complainant's ownership of a USPTO registration for DIRECTV demonstrate its rights in such mark for the purposes of Policy ¶ 4(a)(i)."). Respondent's <getlifeproof.com> domain name uses the LIFEPROOF mark and simply adds "get" and a gTLD. These changes do not sufficiently distinguish a disputed domain name from a mark under Policy ¶ 4(a)(i). See Microsoft Corporation v. Thong Tran Thanh, FA 1653187 (Forum Jan. 21, 2016) (determining that confusing similarity exists where [a disputed domain name] contains Complainant's entire mark and differs only by the addition of a generic or descriptive phrase and top-level domain, the differences between the domain name and its contained trademark are insufficient to differentiate one from the other for the purposes of the Policy). Therefore, the Panel finds that Respondent's <getlifeproof.com> domain name is confusingly similar to Complainant's LIFEPROOF mark. The Panel finds that Complainant has satisfied Policy ¶ 4(a)(i). Rights or Legitimate Interests Once Complainant makes a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), the burden shifts to Respondent to show it does have rights or legitimate interests. See Advanced International Marketing Corporation v. AA-1 Corp, FA 780200 (Forum Nov. 2, 2011) (finding that a complainant must offer some evidence to make its prima facie case and satisfy Policy ¶ 4(a)(ii)); see also Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014) ("Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests"). Complainant contends that Respondent has no rights or legitimate interests in the <getlifeproof.com> domain name as Respondent is not commonly known by the domain name. Complainant has not given Respondent permission to use its LIFEPROOF mark. The WHOIS identifies "xiang zhenhua" as the registrant of the disputed domain name. Therefore, the Panel finds that Respondent is not commonly known by the disputed domain name, and thus has no rights under Policy ¶ 4(c)(ii). See Amazon Technologies, Inc. v. Suzen Khan / Nancy Jain / Andrew Stanzy, FA 1741129 (Forum Aug. 16, 2017) (finding that respondent had no rights or legitimate interests in the disputed domain names when the identifying information provided by WHOIS was unrelated to the domain names or respondent's use of the same); see also Navistar International Corporation v. N Rahmany, FA 1620789 (Forum June 8, 2015) (finding that the respondent was not commonly known by the disputed domain name where the complainant had never authorized the respondent to incorporate its NAVISTAR mark in any domain name registration). Complainant argues that Respondent does not use the <getlifeproof.com> domain name for a bona fide offering of goods or service or a legitimate noncommercial or fair use by offering competing products. Using a disputed domain name to sell competing products is not a bona fide offering of goods or service or a legitimate noncommercial or fair use under Policy ¶ 4(c)(i) or Policy ¶ 4(c)(iii). See Invesco Ltd. v. Premanshu Rana, FA 1733167 (Forum July 10, 2017) ("Use of a domain name to divert Internet users to a competing website is not a bona fide offering of goods or services or a legitimate noncommercial or fair use."); see also Ripple Labs Inc. v. Jessie McKoy / Ripple Reserve Fund, FA 1790949 (Forum July 9, 2018) (finding the respondent did not use the domain name to make a bona fide offering of goods or services per Policy ¶ 4(c)(i) or for a legitimate noncommercial or fair use per Policy ¶ 4(c)(iii) where the website resolving from the disputed domain name featured the complainant's mark and various photographs related to the complainant's business). Complainant provides screenshots of the website at the disputed domain name, showing that Respondent offers competing LIFEPROOF branded goods using Complainant's marks and images. The Panel finds that this is not a bona fide offering of goods or services or a legitimate noncommercial or fair use, and thus Respondent has no rights under Policy ¶ 4(c)(i) or Policy ¶ 4(c)(iii). The Panel finds that Complainant has satisfied Policy ¶ 4(a)(ii). Registration and Use in Bad Faith Complainant claims that Respondent registered and uses the <getlifeproof.com> domain name in bad faith for Respondent's commercial gain. The Panel agrees and finds bad faith under Policy ¶ 4(b)(iv). See Bittrex, Inc. v. Wuxi Yilian LLC, FA 1760517 (Forum Dec. 27, 2017) (finding bad faith under Policy ¶ 4(b)(iv) where "Respondent registered and uses the <lbittrex.com> domain name in bad faith by directing Internet users to a website that mimics Complainant's own website in order to confuse users into believing that Respondent is Complainant, or is otherwise affiliated or associated with Complainant."); see also Ameritrade Holdings Corp. v. Polanski, FA 102715 (Forum Jan. 11, 2002) (finding that use of a domain name to redirect consumers to a website which competed with the complainant was not a bona fide offering of goods or services). Complainant claims that Respondent registered the <getlifeproof.com> domain name with knowledge of Complainant's rights in the LIFEPROOF mark. The Panel agrees, noting that Respondent uses the disputed domain name to directly compete with Complainant and Respondent's use of Complainant's well-known Home Depot mark, and finds further bad faith under Policy ¶ 4(a)(iii). See Minicards Vennootschap Onder FIrma Amsterdam v. Moscow Studios, FA 1031703 (Forum Sept. 5, 2007) (holding that respondent registered a domain name in bad faith under Policy ¶ 4(a)(iii) after concluding that respondent "actual knowledge of Complainant's mark when registering the disputed domain name"). The Panel finds that Complainant has satisfied 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 <getlifeproof.com> domain name be TRANSFERRED from Respondent to Complainant. Sandra J. Franklin, Panelist Dated: May 23, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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