"Whatsapp.Com.Pk"
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Domain Name Dispute Resolution Center (DNDRC) Arbitration and Mediation Center COMPLAINT PANEL DECISION Whatsapp Inc. v. WCL Case No. C2017-0007 Also in PDF C2017-0007 1. The Parties The Complainant is WhatsApp, Inc.1601 Willow Road Menlo Park, California United States of America 94025. The Complainant has initiated the Complaint vide their authorized representative, Mr. David Taylor of Hogan/ Jane Seager Lovells (Paris) LLP, located at 17, avenue Matignon 75008 Paris, France. The Respondent’s name is WCL with its address at 17 Tariq Road Karachi Pakistan. 2. The Domain Names and Registrar The domain name in dispute is <whatsapp.com.pk>, hereinafter referred to as the Disputed Domain Name. Vide email dated Wednesday 19 July 2017, PKNIC has informed DNDRC that the Agent Organization through which the registration was applied is WCL with its address at 173-p Tariq Road, Karachi, Pakistan and its Create Date was 2015-11-30 with an Expire Date of 2017-11-30. 3. Procedural History DNDRC was informed of the Complaint against the Respondent as per PKNIC - Internet Domain Registration Policy, by notification from the Complainant on 5 July 2017. The Respondent was issued notification of the dispute along with a copy of the Complaint and a Response Form on 19 July 2017 informing the Respondent that if a Response was not received 7 days from the notification, the dispute would be proceeded ex parte. DNDRC awaited the submission by the Respondent of the Response as per the prescribed forms also available at www.dndrc.com/downloads. Applying Paragraph 4(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules), DNDRC appointed Mr. Abbas Lotia as the sole Arbitrator who has verified that the Complaint satisfies the formal requirements of the Policy and the Rules. Factual Background The domain name upon which the Complaint is based is <whatsapp.com.pk> PKNIC has confirmed via their email dated 19 July 2017 that the Disputed Domain Name has been registered by the Respondent named in the Complaint and that their email address is [email protected]. 4. Parties Contentions A. Complainant The Complainant’s brief contentions are reproduced below: The Complainant, WhatsApp Inc., is a provider of one of the world’s most popular mobile messaging applications (or "apps"). Founded in 2009 and acquired by Facebook, Inc. in 2014, WhatsApp allows users across the globe to exchange messages via smartphones without having to pay for SMS. Its main website available at www.whatsapp.com is the 49th most visited website in Pakistan and the 71th most visited website in the world, according to web information company Alexa (Annex 3). Since its launch in 2009, WhatsApp has become one of the fastest growing and most popular mobile applications in the world, with over 1 million users by the end of 2009, 200 million users in April 2013, 500 million users in April 2014, 800 million users in April 2015 and 900 million users worldwide in September 2015. Today, WhatsApp has over 1 billion monthly active users worldwide (as of February 2016) in 180 countries. It is available in over 50 languages, including Urdu since August 2015. Needless to say, WhatsApp has acquired considerable reputation and goodwill worldwide, including in Pakistan where the Respondent is based, as widely reported by the national and international press, and it has consistently ranked amongst Apple iTunes 25 most popular free mobile applications. Furthermore, the Complainant's official website available at www.whatsapp.com is regularly amongst the Top 100 most visited websites in the world, according to web information company Alexa. See Annex 4 for information on the Complainant including company information and press articles on WhatsApp's explosive growth and popularity worldwide, including in Pakistan. Reflecting its global reach, the Complainant is the owner of numerous domain names consisting of the WHATSAPP trade mark, including, for instance, <whatsapp.com>, <whatsapp.net>, <whatsapp.org>, <whatsapp.info> as well as under numerous country code extensions such as <whatsapp.eu> (European Union), <whatsapp.am> (Armenia), <whatsapp.cl> (Chile), <whatsapp.de> (Germany), <whatsapp.hk> (Hong Kong), <whatsapp.in> and <whatsapp.co.in> (India), <whatsapp.ly> and <whatsapp.com.ly> (Libya), <whatsapp.nl> (the Netherlands), <whatsapp.nz> (New Zealand), <whatsapp.pk> (Pakistan), <whatsapp.tw> (Taiwan), <whatsapp.uk> and <whatsapp.co.uk> (United Kingdom), and <whatsapp.us> (United States). See Annex 5 for copies of the WHOIS records of some of these domain names. The Complainant also has also made substantial investments to develop a strong presence on the different social media forums available online and currently has approximately 27.4 million "likes" on its official Facebook page: − https://www.facebook.com/WhatsApp − https://twitter.com/whatsapp − https://www.linkedin.com/company/whatsapp-inc. Screen captures of the Complainant's social media websites are available at Annex 6. The fame of the Complainant's trade mark is also evidenced by the number of cybersquatters who have sought to unfairly and illegally exploit the very significant consumer recognition and goodwill attached to its trade marks. Prior domain name dispute panels have recognized the strength and renown of the Complainant's WHATSAPP trade mark, and have ordered infringing respondents to transfer the disputed domain names to the Complainant, including but not limited to in the following decisions: a) Whatsapp Inc. v. Meraart, DNDRC Case No. C2017-0001, (<whatsapp.pk>); b) WhatsApp, Inc. v. Abdallah Almqbali, WIPO Case No. D2016-1287 (<watsabsplus.com>, <whatsapp-plus.ws> et al); c) WhatsApp, Inc. v. Nasser Bahaj, WIPO Case No. D2016-0581 (<ogwhatsapp.org> and <whatsapp-plus.org>)("the trademark WHATSAPP is well-known".); d) Facebook, Inc. and WhatsApp, Inc. v. Domain Manager, NA, WIPO Case No. D2016- 0394 (<whtaapp.com> et al); e) WhatsApp Inc. v. Francisco Costa, WIPO Case No. D2015-1708 (<webwazzup.com>); f) WhatsApp Inc. v. Francisco Costa, WIPO Case No. D2015-0909 (<webwhatsapp.com>) (finding that the WHATSAPP trademark had acquired "worldwide renown... amongst mobile applications" and an "impressive number of users... since the launch of the WhatsApp services in 2009"); and g) WhatsApp Inc. v. Private Whois whatsappandroid.com, Private Whois whatsappipad.com and Private Whois whatsappiphone.com, WIPO Case No. D2012- 0674 (<whatsappandroid.com>, <whatsappipad.com> and <whatsappiphone.com>). See Annex 7 for copies of domain name dispute decisions involving the Complainant. The term WHATSAPP is exclusively associated with the Complainant. All search results obtained by typing the term WHATSAPP in Google's search engine available at www.google.com or www.google.com.pk refer to the Complainant (see Annex 8). In addition to its strong presence online, the Complainant has secured ownership of numerous trade mark registrations in the term WHATSAPP in many jurisdictions throughout the world, including in Pakistan, as detailed above. The Complainant's valuable reputation offline and online is not only crucial to maintain the value and distinctiveness of its brand, but also vital to the success, integrity and protection of its business and consumers. Accordingly, the Complainant devotes significant resources to protect its trade mark rights and goodwill in forums such as this administrative proceeding. The Complainant was alerted to the fact that the Complainant's WHATSAPP trade mark had been registered under the .COM.PK Top-Level Domain (TLD) for Pakistan by the Respondent. The Domain Name was registered on 30 November 2015 by the Respondent (see Annex 1 for a copy of the WHOIS record), a few months after the release of Whatsapp in Urdu in Pakistan. Copies of press articles are attached at Annex 4. The Domain Name is, at the time of filing, pointing to a website displaying the Complainant's trade mark and falsely appearing to offer WhatsApp and other services for download, although in actual fact the links redirect to other websites. See Annex 9 for screen captures of the website associated with the Domain Name. A search carried out by the Complainant has revealed that the Respondent is also the registrant of two other domain names infringing third party trademarks: <googke.com.pk> and <waptric.com.pk>. Copies of WHOIS records are attached at Annex 10. It is worth noting that the Domain Name Dispute Resolution Center (DNDRC) has recently ordered the transfer of the domain name <whatsapp.pk>, which was used by the registrant to resolve to a website appearing to offer WhatsApp in Urdu for download while this was not the case. See Annex 7 for a copy of this domain name dispute decision. On 17 March 2017, the Complainant's lawyers in Paris sent a disclosure request letter to the .PK registry, PKNIC, for the full WHOIS details for the Domain Name to be revealed in order to contact the registrant of the Domain Name. On 21 March 2017, PKNIC indicated the formalities to file a complaint and further noted that the registrant's contact details could not be disclosed due to privacy reasons. A copy of the correspondence between the Complainant and PKNIC is attached at Annex 11. Given the blatantly abusive registration and use of the Domain Name, and the Complainant's inability to contact the Respondent in the absence of any contact details, the Complainant had no choice but to file the present Complaint under the Policy to protect its legitimate business interests and rights and to protect consumers from confusion. Therefore, the Complainant seeks the following remedy: In accordance with Paragraph 4(b)(i) of the Policy, the Complainant requests that the Administrative Panel appointed in this administrative proceeding transfer the Domain Name to the Complainant. B. Respondent The Respondent has not submitted any response to DNDRC. Under section 5(e) of the UDRP, in the absence of a response, the Panel has the authority to commence the proceedings in default and to determine the matter based upon the Complaint.