Decisión del Panel Administrativo nº D2019-0351 of WIPO Arbitration and Mediation Center, April 10, 2019 (case Defenders, Inc. v. Domain Administrator, PrivacyGuardian.org / Zhichao Yang)
| Resolution Date | April 10, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Defenders, Inc. of Indianapolis, Indiana, United States of America (“USA”), represented by Ice Miller LLP, USA.
The Respondent is Domain Administrator, PrivacyGuardian.org, of Phoenix, Arizona, USA / Zhichao Yang of Hefei, Anhui, China.
The disputed domain names [protectyourhom.com] and [protectyurhome.com] are registered with NameSilo, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 15, 2019. On February 15, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On February 15, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on February 19, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on February 23, 2019.
The Center verified that the Complaint, together with the amended Complaint, satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 25, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 17, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 18, 2019.
The Center appointed Andrew D. S. Lothian as the sole panelist in this matter on March 27, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Complainant is an Indiana Corporation having its principal place of business in Indianapolis, Indiana. Established in 1998, it is one of the largest home security companies in the world and the only ADT Authorized Premier Provider. The Complainant has more than a hundred installation branches throughout the USA and has served more than two million customers since its inception, adding more than 250,000 customers a year in each of the last two years. The Complainant operates under the business name “Protect Your Home” and has been operating a website at its corresponding domain name, [protectyourhome.com], since 2007. Said website is the Complainant’s primary marketing tool and principal point of communication between it and its customers. The Complainant states that it spends tens of millions of dollars per year in advertising.
The disputed domain name [protectyourhom.com] was created on June 28, 2018 and the disputed domain name [protectyurhome.com] was created on August 31, 2018. The websites associated with the disputed domain names are typical “pay-per-click” (“PPC”) pages, featuring a range of “Related Links” and a search bar. The links, as demonstrated in a screenshot taken by the Complainant on January 30, 2019, all relate to the Complainant’s line of business, including “Home Security Systems”, “Monitored Home Security Companies”, and “Home Security”.
The Complainant notes that in September 2018 a phishing attack was carried out against it and its customers from the domain name [protectyorhome.com], adding that said domain name was transferred to it following a complaint under the Policy, namely Defenders, Inc. v. Domain Administrator, See PrivacyGuardian.org / Zhichao Yang,[WIPO Case No. D2018-2670]. The respondent in that case is the same Respondent in the present case. The domain name in that case was created on August 31, 2018, being the same date of creation as the second disputed domain name in the present case.
The Complainant lists some 28 UDRP cases filed before the Center since 2013 in which the Respondent was the named respondent and which the Complainant says demonstrate that the Respondent is a repeat offender who regularly registers and uses in bad faith domain names that are confusingly similar to the trademarks of others...
To continue reading
Request your trial