The complainant Facebook sought that the domain name Facebooklive.com be transferred from the Respondent. Facebook alleged that:
1. facebooklive.com is identical or confusingly similar to a trademark or service mark in which they as the Complainant has rights, namely the Facebook mark
2. Respondent does not have any rights or legitimate interests in the facebooklive.com domain name
3. Respondent registered and used the facebooklive.com domain name in bad faith
The Respondent, CT nice Homes LLC, had registered the disputed domain name on January 19, 2006, which resolves to a parked website offering links to unrelated third parties.
The NAF found that the domain name is confusingly similar to Complainant’s FACEBOOK mark as the disputed domain name included the Facebook’s entire mark, and the addition of a generic or descriptive word “live.
The Panel further found that the Complainant had made out a prima facie case indicating that Respondent lacks rights or legitimate interests in the disputed domain name, and thus under the procedure, the burden of proof shifts to the Respondent to demonstrate it has rights or legitimate interests in the disputed domain name.
Facebook, the Complainant, submitted that the Respondent is not commonly known by the disputed domain name as the WHOIS information identifies the registrant of the disputed domain name as being “CT nice Homes LLC.”
Finally, the Complainant submitted the Respondent wasn’t making a legitimate good faith offering of goods or services or a legitimate noncommercial or fair use of the disputed domain name. This was because facebooklive.com resolved to a parked website offering links to third party website with no relation to it.
The panel found that the Respondent registered and was using the disputed domain name to commercially gain from the confusion created by using the FACEBOOK mark in bad faith, as it was presumably seeking to derive commercial gain from the use of the complainant’s mark to generates revenue each time an Internet user is diverted through its website to one of the linked sites.
The whois record for the domain name facebooklive.com was protected by a proxy service at the time of registration in 2006, which when lifted in 2009, revealed that Domainstand.com LLC as the registrant. However after the dispute was filed by Facebook the registrant underwent a name change CT nice Homes LLC. The domain owner however didn’t respond to Facebook’s allegations so the dispute was heard on the papers filed by Facebook.
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