According to the information provided by the registrar the disputed domain name <woobles.com> was first created on 13 April 2023 and acquired by Respondent on 24 May 2023. <\/p>\n
According to the information provided by Complainant the disputed domain name currently resolves to a pay-per-click parking website; previously it redirected to a website with malware. <\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
According to the information submitted by Complainant, Complainant is an educational consumer goods company that has revolutionized an industry which inspires people of all ages with the confidence of learning a new skill to crochet. Complainant’s beginner pre-made kits combine everything needed with digital tutorials to create a seamless experience for first-time crocheters. Complainant was formed in 2019 with the simple belief that the company could make beginner crochet kits more accessible. Complainant has an active online presence including owning the domain name <thewoobles.com> which is used as Complainant’s main operating website.<\/p>\n
Complainant submits that the disputed domain name is confusingly similar to Complainant's trademark. According to Complainant the disputed domain name contains Complainant’s registered trademark as the dominant element, without the non-distinctive term “the”. This does nothing to alter the overall impression in the eyes of the average Internet user. Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
"no_rights_or_legitimate_interests": " Complainant has, to the satisfaction of the Panel, shown Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
"bad_faith": " Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
"procedural_factors": " The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
"decision": "Accepted",
"panelists": [
"Dinant T.L. Oosterbaan"
],
"date_of_panel_decision": "2023-10-12 00:00:00",
"informal_english_translation": " According to the evidence submitted by Complainant, Complainant is the owner of the Trademark THE WOOBLES, registered with the United States Patent and Trademark Office, serial number 90041769 and registration date 9 February 2021. <\/p>",
"decision_domains": {
"woobles.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Respondent has never legitimately been known by the disputed domain name at any point in time. Complainant submits that the disputed domain name currently resolves to a pay-per-click webpage with advertisements and links to goods and services relating to Complainant’s registered trademark. According to Complainant Respondent previously used the disputed domain name to redirect users to a website which immediately downloads malware. Using domain names for illegal activity (in this case the distribution of malware via impersonation of Complainant) is high evidence of illegitimate intent. Therefore, Respondent is not using the domain name in connection with a bona fide<\/em> offering of goods or services.
According to Complainant the disputed domain name is registered and is being used in bad faith. The disputed domain name was registered in bad faith, as Respondent clearly knew about the Complainant’s earlier rights in the trademark THE WOOBLES. Complainant reiterates that Complainant’s trademark pre-dates the registration by Complainant of the disputed domain name. Respondent was unequivocally aware of Complainant’s trademark given Respondent’s registration and use of the disputed domain name to perpetrate the distribution of malware on unsuspecting Internet users, impersonating Complainant by using Complainant’s trademark. Complainant also submits that Respondent has engaged in a pattern of bad faith registration and use cases in order to prevent the owner of a trademark from reflecting the mark in a corresponding domain name. This has been recognized against Respondent in over ten domain name decisions.
RESPONDENT:
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>",
"rights": "