Wikimedia Foundation, Inc. v. Domains By Proxy, LLC / Adam Bruce, Mixspace Ltd
Case No. D2018-1460
1. The Parties
The Complainant is Wikimedia Foundation, Inc. of San Francisco, California, United States of America ("USA"), internally represented.
The Respondent is Domains By Proxy, LLC of Scottsdale, Arizona, USA / Adam Bruce, Mixspace Ltd of West Sussex, United Kingdom of Great Britain and Northern Ireland, self-represented.
2. The Domain Name and Registrar
The disputed domain name <wikipedia-lookup.com> 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 June 30, 2018. On July 2, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 3, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 5, 2018 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 amendment to the Complaint on July 6, 2018.
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 the Respondent of the Complaint, and the proceedings commenced on July 9, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 29, 2018. On July 9, 2018 and July 12, 2018, the Respondent submitted two emails offering to transfer the disputed domain name to the Complainant. The Center informed the Parties that if they wish to explore settlement options, the Complainant should submit a request for suspension by July 17, 2018. On July 13, 2018, the Complainant requested for suspension. Accordingly, the Center notified the Parties that the proceeding was suspended until August 12, 2018. On August 17, 2018, the Complainant requested to reinstitute the proceeding. The Center notified the Parties that the proceeding was reinstitute on August 22, 2018 and the Response due date was September 7, 2018. The Respondent submitted an email on August 19, 2018, indicating that it is happy to transfer the disputed domain name, but did not submit a Response by the Response due date. On September 10, 2018, the Center informed the Parties that it would proceed with the appointment of the Administrative Panel.
The Center appointed Knud Wallberg as the sole panelist in this matter on September 14, 2018. 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.
4. Factual Background
The Complainant, The Wikimedia Foundation, Inc., is a nonprofit charitable organization that manages free knowledge projects, including the WIKIPEDIA online encyclopedia. The Complainant owns many registrations for the WIKIPEDIA mark, the oldest of which were registered in the USA on January 10, 2006, under No. 3,040,722.
The Complainant also owns several domain names including <wikipedia.com>.
The Respondent registered the Domain Name <wikipedia-lookup.com> on February 18, 2014, which it uses to redirect traffic to third-party websites, which allegedly disseminate malware.
5. Parties' Contentions
The Complainant asserts, that the disputed domain name is confusingly similar to the Complainant's WIKIPEDIA mark, since it contains the addition of the descriptive term "lookup".
The Complainant further asserts that the Respondent has no legitimate interest in the disputed domain name. It is not authorized by the Complainant in any manner. It does not use the disputed domain name in connection with a bona fide offering of goods or services, nor is it making any legitimate noncommercial or fair use of the disputed domain name. Currently, the disputed domain name is being used for a website that appears to be disseminating malware.
Finally, the Complainant asserts that the Respondent knew or should have known of the Complainant's famous WIKIPEDIA mark and thus registered and is using the disputed domain name in bad faith.
As mentioned above in section 3, the Respondent did not file a formal response, but the Respondent did submit several emails to the Center, in which it stated that it was willing to transfer the disputed domain name to the Complainant.
6. Discussion and Findings
The Respondent has confirmed in several emails to the Center that it consents to transfer the disputed domain name to the Complainant and the Panel finds that this forms sufficient legal basis for an immediate order to transfer without consideration of the paragraph 4(a) elements. See section 4.10 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ("WIPO Overview 3.0") and Leica Microsystems IR GmbH v. Tong Chuang,
WIPO Case No. D2016-2316.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders, without making any findings adverse to the Respondent, that the disputed domain name <wikipedia-lookup.com> be transferred to the Complainant.
Knud Wallberg Sole Panelist Date: October 5, 2018
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