NameFind, managers of the GoDaddy-owned portfolio of domains, lost the UDRP for the domain YouPon.com.
A typo of the popular adult destination YouPorn, the domain was acquired by GoDaddy as part of the Vertical Axis portfolio. GoDaddy acquired that domain portfolio for up to $50 million dollars along with another portfolio. Source: DNW.
YouPon.com is parked at Uniregistry with PPC ads related to adult content. There’s no doubt that the typo-traffic was massive.
In the ensuing UDRP, NameFind consented to the domain’s transfer, leading to a quick decision by the sole panelist.
Licensing IP International S.à.r.l. v. Domain Administrator / NameFind LLC
Claim Number: FA2107001954063
PARTIES
Complainant is Licensing IP International S.à.r.l. (“Complainant”), represented by ROBIC, LLP, Canada. Respondent is Domain Administrator / NameFind LLC (“Respondent”), represented by Gerald M. Levine of Levine Samuel, LLP, New York, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <youpon.com>, registered with GoDaddy.com, LLC.
PANEL
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the Forum electronically on July 6, 2021. The Forum received payment on July 6, 2021.
On July 8, 2021, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <youpon.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name, which has been placed on registrar-lock. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 July 13, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 2, 2021 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@youpon.com. Also on July 13, 2021, 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.
A timely Response was received and determined to be complete on August 2, 2021.
On August 4, 2021, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Respondent’s <youpon.com> domain name is confusingly similar to the trademark YOUPORN, in which Complainant has common law and registered trademark rights. Respondent has no rights or legitimate interests in the domain name, which was registered and is being used in bad faith.
B. Respondent
Respondent consents to the transfer of the <youpon.com> domain name to Complainant.
FINDINGS
In light of Respondent’s consent to the transfer of the <youpon.com> domain name to Complainant, the Panel considers it appropriate to order the transfer of the domain name without embarking on the traditional UDRP analysis. See Licensing IP International S.à.r.l. v. Domain Administrator / NameFind LLC, FA1935839 (Forum April 13, 2021): “In the present case, the parties have both asked for the domain name to be transferred to the Complainant. Since the requests of the parties in this case are identical, the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the disputed domain name.”
DECISION
Respondent having consented to the transfer of the domain name to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <youpon.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: August 5, 2021
