WIPO Arbitration and Mediation Center. ADMINISTRATIVE PANEL CHOICE

WIPO Arbitration and Mediation Center. ADMINISTRATIVE PANEL CHOICE

1. The Parties

The Complainant is Match Group, LLC of Dallas, Texas, united states (“United States”), represented by Sheppard Mullin Richter & Hampton LLP, usa.

The Respondent is Merl Matrix GmbH of Baar, Zug, Switzerland, internally represented.

2. The Website Name and Registrar

The disputed domain name is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint had been filed utilizing the WIPO Arbitration and Mediation Center (the “Center”) on March 7, 2018. A request for registrar verification in connection with the disputed domain name on March 7, 2018, the Center transmitted by email to the Registrar. On March 8, 2018, the Registrar sent by e-mail towards the Center its verification reaction confirming that the Respondent is detailed once the registrant and supplying the contact information. As a result to a notification by the Center that the Complaint had been administratively lacking, the Complainant filed an amendment into the problem on March 13, 2018. The middle received communications that are several the Respondent on March 7, 2018, March 13, 2018 and March 15, 2018.

The Center verified that the problem with the amended grievance pleased the formal demands of this Uniform Domain title Dispute Resolution Policy (the “Policy” or “UDRP”), the principles for Uniform website name Dispute Resolution Policy (the “Rules”), additionally the WIPO Supplemental Rules for Uniform Domain title Dispute Resolution Policy (the “Supplemental Rules”).

Prior to the principles, paragraphs 2 and 4, the middle formally notified the Respondent for the Complaint, together with procedures commenced on March 16, 2018. Relative to the principles, paragraph 5, the deadline for reaction had been April 5, 2018. The reaction ended up being filed because of the focus on April 5, 2018. The Respondent filed a health health health supplement to its reaction on 5, 2018 april. The Complainant filed a supplemental filing on April 13, 2018 and also the Respondent filed a supplemental filing on April 14, 2018.

The Center appointed Andrew D. S. Lothian since the single panelist in this matter on April 27, 2018. The Panel discovers that it was precisely constituted. The Panel has submitted the Statement of recognition and Declaration of Impartiality and Independence, as needed because of the guts to make sure conformity because of the Rules, paragraph 7.

4. Factual Background. The Complainant has been doing the company of providing online networking that is social dating and match-making services since 2012 and runs a favorite relationship solution under its TINDER trademarks.

The Complainant partcipates in substantial advertising tasks of those solutions on 12 months year. The Complainant has and runs those sites “www. Gotinder.com” and “www. Tinder.com” to facilitate its solutions. Regarding the “Tinder” branded users that are website produce personal reports, search and view member pages, play a role in message boards, and read helpful and informative articles in the official “Tinder” web log.

The Complainant reaches consumers worldwide via its popular “Tinder” dating and networking that is social applications for Android and iOS mobile platforms. The Android os variation has already reached over 100 million installs since inception in July 2013 and over 10 billion dating matches since 2012.

The Complainant holds a number of subscribed trademarks both for figurative and term markings in respect regarding the TINDER mark including, for instance, usa registered trademark no. 4479131 for the word mark TINDER, registered on February 4, 2014 in worldwide course 9 (mobile computer programs) and usa registered trademark no. 4976225 when it comes to term mark TINDER, registered on June 14, 2016 in worldwide course 45 ( Internet-based networking that is social introduction and online dating services).

The domain that is disputed was made on March 2, 2016. The Respondent explains it is a startup company running a dating company. The web site linked to the disputed website name features the phrase “Tender” in prominent red letters, underneath that is stated in smaller typeface “Free online dating sites for tender, type and loving singles” together with a fall down menu for an individual to choose their gender and a “Join now” key.

In line with the screenshots created by the Respondent from the Bing AdWords account, it seems to possess utilized the after text on its ads (even though the Panel records that the most notable type of the initial ad might have been obscured):

5. Events’ Contentions. The Complainant contends that the disputed domain title is identical or confusingly much like a trademark for which it owns liberties;

A. Complainant

That the Respondent doesn’t have liberties or genuine passions into the domain that is disputed; and therefore the disputed website name ended up being registered and it is getting used in bad faith.

The Complainant states that the disputed website name is practically exactly the same as its TINDER mark but also for a small misspelling and had been registered under circumstances typo-squatting that is constituting. The Complainant adds that while panels generally speaking don’t look at the domain that is top-level assessing confusing similarity, the Respondent’s utilization of the “. Singles” top-level domain shows that the disputed website name is intended to connect with the Complainant’s solutions and strengthens the observed connection to the Complainant.

The Complainant records that the Respondent just isn’t connected to or endorsed because of the Complainant and has now never ever been certified or authorized to utilize some of its subscribed marks, nor any confusingly comparable designation, included in a website name. The Complainant submits that the Respondent cannot demonstrate some of the circumstances lay out in paragraph 4(c) of this Policy nor some other proven fact that may establish liberties or the best desire for the disputed domain title. The Complainant contends that the Respondent has not yet utilized the disputed website name in experience of a genuine offering of products or solutions since it is willfully exploiting the Complainant’s appeal and trading on its goodwill, noting that internet surfers are lured up to a dubious internet site where users are confronted by numerous sources to dating and matchmaking solutions that are built to confusingly declare that the Respondent could be the Complainant or endorsed or affiliated therewith. The Complainant asserts that the Respondent have not become popularly known as “tender”, nor had been it therefore understood once the disputed website name ended up being registered. The Complainant adds that the Respondent are not able to demonstrate a legitimate noncommercial or reasonable utilization of the domain that is disputed and that in misappropriating the Complainant’s marks the Respondent is leveraging the Complainant’s goodwill and appeal for the very own advantage and simultaneously diminishing the worth associated with the Complainant, its markings and online dating services.

The Complainant states so it is which consists of TINDER mark since as soon as August 2, 2012 and that its formal domain had been registered on June 22, 2012, well before the domain that is disputed had been registered. The Complainant asserts that the Respondent promises to misappropriate the TINDER mark to deceive customers and draw an incorrect relationship, considering that the site linked to the disputed website name prominently features the “Tender” designation along side ads 100% free dating that is online. The Complainant asserts that the Respondent deliberately tries to attract internet surfers via confusion created because of the Complainant’s TINDER mark regarding the source, sponsorship, affiliation or endorsement of this domain that is disputed whereby such users will think they truly are working with the Complainant or that the disputed website name is affiliated to or endorsed because of the Complainant. The Complainant adds that such actions have now been made knowingly and deceitfully by the Respondent.

The Complainant asserts that users looking for “tender” and dating would become more prone to do so predicated on understanding of the Complainant’s TINDER trademark, contending it is even more plausible that the Respondent find the disputed domain name since it is confusingly comparable thereto. The Complainant submits it owns based on a dictionary word sometimes used in dating profiles that https://besthookupwebsites.net/together2night-review/ it strains credulity that the Respondent would spend the equivalent of more than USD 35,000 promoting an allegedly generic site which is one of many. The Complainant adds that the Respondent wouldn’t normally do this if it would not make a lot more in exchange. The Complainant additionally asks the Panel to overlook the Respondent’s claim regarding its enrollment and use of other names of domain since that is unsupported by proof.

The Complainant submits that the known proven fact that “tender” may have a dictionary meaning doesn’t stick it within a safe-harbor that will be resistant from the Policy, noting that the Respondent will not argue that the Complainant’s trademark is generic. The Complainant asserts that while a celebration may legitimately register a domain title comprising a dictionary term and utilize the web web web site for content highly relevant to this is of this term, the Respondent provides no proof that “tender” means dating, indicates dating, and even calls in your thoughts dating but alternatively defines an characteristic through which a lot of people on internet dating sites may recognize on their own. The Complainant records that the Respondent will not offer a reason as to the reasons it just registered a domain title which will be a phonetic comparable and typical misspelling associated with Complainant’s trademark as opposed to register other characteristics of an individual, incorporating that “tender” isn’t generic for the dating internet site and that users is almost certainly going to seek out “date”, “dating” or similar terms instead of “tender”.

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