Sfanti Grup Solutions SRL v Rajat Bhandari

WIPO Case No. D2024-3716

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Sfanti Grup Solutions SRL v. Rajat Bhandari

Case No. D2024-3716

1. The Parties

The Complainant is Sfanti Grup Solutions SRL c/o, United States of America (“United States”), represented by Walters Law Group, United States.

The Respondent is Rajat Bhandari, India.

2. The Domain Name and Registrar

The disputed domain name <megapersonals-eu.com> is registered with Eranet International Limited

(the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 12, 2024. On September 13, 2024, the Center transmitted by email to the Registrar a request for registrar verif ication in connection with the disputed domain name. On September 19, 2024, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent (Redacted for Privacy) and contact information in the Complaint. The Center sent an email communication to the Complainant on September 19, 2024,

providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to
submit an amendment to the Complaint. The Complainant f iled an amendment to the Complaint on
September 19, 2024.

The Center verif ied that the Complaint together with the amendment to the Complaint satisf ied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notif ied the Respondent of the Complaint, and the proceedings commenced on September 20, 2024. In accordance with the Rules, paragraph 5, the due date for Response was October 10, 2024. The Respondent did not submit any response. Accordingly, the Center notif ied the Respondent’s default on October 15, 2024.

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The Center appointed John Swinson as the sole panelist in this matter on October 22, 2024. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

The Complainant is an entity that, according to United States Patent and Trademark Of f ice records, has an
address in Romania. The Complainant owns and operates the website located at the domain names
<megapersonals.com> (registered on June 12, 2003) and <megapersonals.eu> (registered on April 17,
2019) and has used these domain names for several years in connection with the provision of Internet-based
social introduction and dating services.

The Complainant owns United States Trademark Registration No. 6432591 for MEGAPERSONALS, that was f iled on October 26, 2020, and registered on July 27, 2021.

The Respondent did not file a Response, so little information is known about the Respondent. According to the Registrar’s records, the Respondent has an address in India.

The disputed domain name was registered on February 22, 2023.

The disputed domain name resolves to a website that has listings for escorts. The website includes the text “Find Cheap Escorts Near Me – USA Female Independent Escorts. Listing more than 10000 independent adult entertainers from all over the United States.” However, the website appears have only 102 listings.

The website at the disputed domain name includes a page that states: “Disclaimer. eMegaPersonals is an independent company, we are not associated with any brand or megapersonals.eu. If you are looking for the their site, please visit the official megapersonal.eu.” The privacy policy and the terms & conditions pages on this website are blank, other than the headings.

The Complainant sent a cease-and-desist letter to the Respondent on March 27, 2024, demanding
the Respondent stop using and transfer the disputed domain name. No reply to this letter was received by

the Complainant.

5. Parties’ Contentions
A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

Notably, the Complainant contends that the Respondent registered and used the disputed domain name not because it refers to or is associated with the Respondent, but because the disputed domain name is identical or confusingly similar to the <megapersonals.com> and <megapersonals.eu> domain names used by the Complainant in association with the Complainant’s services and the Complainant’s well-known trademark.

The Complainant also contends that the Complainant’s trademark rights have been recognized in numerous prior UDRP proceedings.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

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6. Discussion and Findings

According to paragraph 14(a) and 15(a) of the Rules, the Panel shall decide the Complaint in accordance with the Policy, the Rules and any rules and principles of law that it deems applicable and on the basis of the Complaint where no formal Response has been submitted.

In accordance with paragraph 4(a) of the Policy, the Complainant must prove that each of the three following elements is satisf ied:

(i)        the disputed domain name is identical or confusingly similar to a trademark in which the Complainant has rights;

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
Paragraph 4(a) of the Policy states that the Complainant bears the burden of proving that all these
requirements are fulfilled, even if the Respondent has not formally replied to the Complaint. Stanworth
Development Limited v. E Net Marketing Ltd., WIPO Case No. D2007-1228.

(iii)      the disputed domain name has been registered and is being used in bad faith.

However, concerning the uncontested information provided by the Complainant, the Panel may, where relevant, accept the provided reasonable factual allegations in the Complaint as true. Merit Turizm Yatirim Ve Isletme Anonim Sirketi v. Fedlan Kilicaslan, G&F Company Group NV / Redsoft N.V., WIPO Case

No. D2017-1398.

A. Identical or Confusingly Similar

It is well accepted that the f irst element functions primarily as a standing requirement. The standing
(or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison
between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel

Views on Selected UDRP Questions, Third Edition, (“WIPO Overview 3.0”), section 1.7.

The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy.
WIPO Overview 3.0, section 1.2.1.

The entirety of the mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.7.

Although the addition of other terms (here, “eu”) may bear on assessment of the second and third elements, the Panel f inds the addition of such term does not prevent a f inding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.

The Panel f inds the f irst element of the Policy has been established.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name.

Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is of ten primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisf ied the second element. WIPO Overview 3.0,

section 2.1.

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Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name.

The Respondent has failed to file a Response in this proceeding and has not submitted any explanation for its registration and use of the disputed domain name, or evidence of rights or legitimate interests on its part in the disputed domain name, whether in the circumstances contemplated by paragraph 4(c) of the Policy or otherwise. Furthermore, the Panel f inds that the Respondent has used the disputed domain name

misleadingly to divert Internet users to a website that, broadly speaking, competes with the Complainant’s

website, which circumstances cannot give rise to rights or legitimate interests.

The Panel f inds the second element of the Policy has been established.

C. Registered and Used in Bad Faith

The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.

In the present case, the disputed domain name resolves to a website that provides similar services to that of the Complainant.

The disputed domain name comprises an unadorned appropriation of the Complainant’s trademark, together with the geographical term “eu” (commonly referring to the “European Union”). In the view of the Panel, the disputed domain name is likely in these circumstances to imply to Internet users that it is owned, operated or otherwise legitimately commercially affiliated with the Complainant. The disputed domain name is in fact unconnected with the Complainant. The Panel f inds, therefore, that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s trademarks as to the source, sponsorship,

af f iliation, or endorsement of its website or of a product or service on its website (paragraph 4(b)(iv) of the
Policy).

The Respondent is clearly aware of the Complainant, and even refers to the Complainant in a disclaimer page of the Respondent’s website.

The Panel f inds the Respondent’s disclaimer to be inef fective in dispelling the confusion caused by the disputed domain name and website content, and notes that Internet users will in any event have been enticed to the Respondent’s website before seeing that disclaimer. PN II, Inc. v. Tunde Ajetomobi, WIPO Case No. D2021-2048.

The Panel f inds that the Complainant has established the third element of the Policy.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <megapersonals-eu.com> be transferred to the Complainant.

/John Swinson/
John Swinson
Sole Panelist
Date: November 5, 2024