Decisión del Panel Administrativo nº D2020-2067 of WIPO Arbitration and Mediation Center, September 23, 2020 (case Kabbage, Inc. v. Kingsley Harmer, HEK LLC)

Resolution DateSeptember 23, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Kabbage, Inc. v. Kingsley Harmer, HEK LLC

Case No. D2020-2067

1. The Parties

Complainant is Kabbage, Inc., United States of America (“United States” or “U.S.”), represented by The GigaLaw Firm, Douglas M. Isenberg, Attorney at Law, LLC, United States.

Respondent is Kingsley Harmer, HEK LLC, United States.

2. The Domain Name and Registrar

The disputed domain name [kabbageloan.com] (the “Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 5, 2020. On August 5, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On August 6, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on August 6, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amendment to the Complaint on August 6, 2020.

The Center verified that the Complaint, together with the amendment to the 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 Respondent of the Complaint, and the proceedings commenced on August 7, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 27, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 28, 2020. On August 28, 2020, Respondent sent an email communication to the Center.

The Center appointed John C. McElwaine as the sole panelist in this matter on September 9, 2020. 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.

As an initial matter, the Panel believes it is important to address Respondent’s August 28, 2020, email stating, “I was never notified of any mail being delivered. To the local office. I do not agree with this. What is it you are looking for? I bought the domain and own the domain. What exactly is the complaint? What right am I betraying by owning this domain?” The email address that this email was sent from is the same email address to which the Notification of the Complaint was sent. As such, proper notice of this proceeding is not at question. This Panel finds that this email is a so-called “informal response” and does not provide a substantive response to the Complaint. As discussed below, the Panel notes that the burden of proof in this proceeding remains on Complainant and that Respondent’s informal response does not by itself mean that Complainant will be deemed to have prevailed or that the lack of a substantive response by Respondent is an admission that Complainant’s claims are true.

4. Factual Background

Complainant is a United States based data and technology company providing small business cash-flow solutions.

Complainant is the owner of several trademark registrations in the United States and the European Union (the “KABBAGE Trademark”), including the following:

- U.S. Reg. No. 3,905,311 for KABBAGE (first used in commerce on June 30, 2010; registered on January 11, 2011) for use in connection with “Financing services in the field of online merchants”;

- U.S. Reg. No. 4,682,136 for KABBAGE (first used in commerce on June 30, 2010; registered on February 3, 2015) for use in connection with “Financial services, namely, money lending provided over a computer network such as the Internet”; and,

- European Union Reg. No. 1,131,587 for KABBAGE (registered August 8, 2012) for use in connection with “Financing services in the field of online merchants”.

The Domain Name was created on January 16, 2016. The Domain Name currently resolves to a webpage displaying pay-per-click links.

5. Parties’ Contentions

A. Complainant

Complainant describes itself as a business that leverages data generated through business activity such as accounting data, online sales, shipping, and dozens of other sources to...

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