Westmore · UDRP DecisionYhoneclothing.com
The Panel treated the two complainants as a single entity based on their sufficient nexus, including Yang Hanyi's 99% ownership interest in the corporate complainant. It found the domain confusingly similar to the YHONE mark, found no rights or legitimate interests because Respondent was not commonly known by the domain and used it for competing goods, and found bad-faith commercial diversion with knowledge of Complainant's rights. Transfer was ordered.
The timeline behind yhoneclothing.com
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The Panel found bad faith under Policy ¶ 4(b)(iv) because Respondent used the domain to attract traffic to a competing website for commercial gain. It also found Respondent knew of Complainant's rights because the site used Complainant's marks and website content to compete directly.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Haikou Yingyue Hanyi Investment Co., Ltd. & Yang Hanyi (Hanyi Yang) v. Muhammad Ibrar / WooEver Claim Number: FA2608002240997 PARTIES Complainant is Haikou Yingyue Hanyi Investment Co., Ltd. & Yang Hanyi (Hanyi Yang) ("Complainant"), represented by Chao RU of RUYUAN IP AGENCY, China. Respondent is Muhammad Ibrar / WooEver ("Respondent"), Pakistan. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <yhoneclothing.com>, registered with Tucows Domains 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 August 21, 2026; Forum received payment on August 21, 2026. On August 28, 2026, Tucows Domains Inc. confirmed by e-mail to Forum that the <yhoneclothing.com> domain name is registered with Tucows Domains Inc. and that Respondent is the current registrant of the name. Tucows Domains Inc. has verified that Respondent is bound by the Tucows Domains 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 September 2, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 22, 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@yhoneclothing.com. Also on September 2, 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 September 23, 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. PRELIMINARY ISSUE: MULTIPLE COMPLAINANTS The relevant rules governing multiple complainants are UDRP Rule 3(a) and Forum's Supplemental Rule 1(e). UDRP Rule 3(a) states, "Any person or entity may initiate an administrative proceeding by submitting a complaint." Forum's Supplemental Rule 1(e) defines "The Party Initiating a Complaint Concerning a Domain Name Registration" as a "single person or entity claiming to have rights in the domain name, or multiple persons or entities who have a sufficient nexus who can each claim to have rights to all domain names listed in the Complaint." Previous panels have interpreted Forum's Supplemental Rule 1(e) to allow multiple parties to proceed as one party where they can show a sufficient link to each other. For example, in Vancouver Org. Comm. for the 2010 Olympic and Paralymic Games & Int'l Olympic Comm. v. Malik, FA 666119 (Forum May 12, 2006), the panel stated: It has been accepted that it is permissible for two complainants to submit a single complaint if they can demonstrate a link between the two entities such as a relationship involving a license, a partnership or an affiliation that would establish the reason for the parties bringing the complaint as one entity. In Tasty Baking, Co. & Tastykake Invs., Inc. v. Quality Hosting, FA 208854 (Forum Dec. 28, 2003), the panel treated the two complainants as a single entity where both parties held rights in trademarks contained in the disputed domain names. Likewise, in Am. Family Health Srvs. Group, LLC v. Logan, FA 220049 (Forum Feb. 6, 2004), the panel found a sufficient link between the complainants where there was a license between the parties regarding use of the TOUGHLOVE mark. There are two Complainants in this matter: Haikou Yingyue Hanyi Investment Co., Ltd. & Yang Hanyi (Hanyi Yang). Complainant Yang Hanyi is the founder of the YHONE brand and holds 99% of the equity interest in Complainant Haikou Yingyue Hanyi Investment Co., Ltd. The Panel finds that this is a sufficient nexus between the Complainants, and elects to treat them as a single entity in this proceeding, collectively referred to as "Complainant." PARTIES' CONTENTIONS A. Complainant 1. Respondent's <yhoneclothing.com> domain name is confusingly similar to Complainant's YHONE mark. 2. Respondent does not have any rights or legitimate interests in the <yhoneclothing.com> domain name. 3. Respondent registered and uses the <yhoneclothing.com> domain name in bad faith. B. Respondent did not file a Response. FINDINGS Complainant offers apparel and related goods and holds registered YHONE marks in multiple jurisdictions including China, Thailand, Australia, the European Union, and the United Kingdom, dating from March of 2024. Respondent registered the <yhoneclothing.com> domain name on June 6, 2026, and uses it primarily to 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 YHONE mark through registration with the USPTO. See Liberty Global Logistics, LLC v. damilola emmanuel / tovary services limited, FA 1738536 (Forum Aug. 4, 2017) (stating, "Registration of a mark with the USPTO sufficiently establishes the required rights in the mark for purposes of the Policy."). Respondent's <yhoneclothing.com> domain name uses Complainant's YHONE mark and simply adds "clothing", a reference to Complainant's business, and a gTLD. These changes do not sufficiently distinguish a disputed domain name from a mark under Policy ¶ 4(a)(i). See Kohler Co. v. Curley, FA 890812 (Forum Mar. 5, 2007) (finding confusing similarity where <kohlerbaths.com>, the disputed domain name, contained the complainant's mark in its entirety adding "the descriptive term 'baths,' which is an obvious allusion to complainant's business.") The Panel therefore finds that Respondent's <yhoneclothing.com> domain name is confusingly similar to Complainant's YHONE 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 lacks rights and legitimate interests in the <yhoneclothing.com> as Respondent is not commonly known by the domain name and Complainant has not authorized or licensed to Respondent any rights in its YHONE mark. The WHOIS information for the disputed domain name lists the registrant as "Muhammad Ibrar / WooEver". 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 Emerson Electric Co. v. golden humble / golden globals, FA 1787128 (Forum June 11, 2018) ("lack of evidence in the record to indicate a respondent is authorized to use [the] complainant's mark may support a finding that [the] respondent does not have rights or legitimate interests in the disputed domain name per Policy ¶ 4(c)(ii)"). Complainant argues that Respondent also fails to use the <yhoneclothing.com> domain name for a bona fide offering of goods or services or legitimate noncommercial or fair use as Respondent uses the domain name to compete with Complainant. Complainant provides screenshots showing that Respondent uses the disputed domain name to offer competing 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 (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.") The Panel finds that Complainant has satisfied Policy ¶ 4(a)(ii). Registration and Use in Bad Faith Complainant argues that Respondent registered and uses the <yhoneclothing.com> domain name in bad faith to compete with Complainant. Using a disputed domain name to attract Internet traffic to a website that goods or offers services in competition with a complainant evinces bad faith attraction for commercial gain under Policy ¶ 4(b)(iv). See Adobe Inc. v. Md. Mizanur Rahmani, FA 1968753 (Forum Nov. 5, 2021) (finding bad faith where respondent was taking predatory advantage of complainant's mark which was readily identifiable in the domain name to divert Internet traffic to respondent's competing website); see also Bittrex, Inc. v. Wuxi Yilian LLC, FA 1760517 (Forum Dec. 27, 2017) (finding bad faith per 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.") Accordingly, the Panel finds bad faith under Policy ¶ 4(b)(iv). The Panel also finds that Respondent registered the <yhoneclothing.com> domain name with knowledge of Complainant's rights in the YHONE mark, since Respondent uses Complainant's marks and website content to directly compete with Complainant, which constitutes further bad faith under Policy ¶ 4(a)(iii). See iFinex Inc. v. xu shuaiwei, FA 1760249 (Forum Jan. 1, 2018) ("Respondent's prior knowledge is evident from the notoriety of Complainant's BITFINEX trademark as well as from Respondent's use of its trademark laden domain name to direct internet traffic to a website which is a direct competitor of Complainant"). 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 <yhoneclothing.com> domain name be TRANSFERRED from Respondent to Complainant. Sandra J. Franklin, Panelist Dated: September 24, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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