Wikimedia Foundation, Inc. v Nasir Shabbir, kodevchu Soft
WIPO Case No. D2025-2897
•07-10-2025
ARBITRATION
AND
| MEDIATION CENTER |
ADMINISTRATIVE PANEL DECISION
Wikimedia Foundation, Inc. v. Nasir Shabbir, kodevchu Soft,
kodevchu.soft.com, and Name Redacted
Case No. D2025-2897
1. The Parties
Complainant is Wikimedia Foundation, Inc., United States of America (“United States”), represented by
Zacco Sweden AB, Sweden.
Respondents are Nasir Shabbir, United Kingdom, kodevchu Soft, kodevchu.soft.com, United States, and
Name Redacted[1].
2. The Domain Names and Registrars
The disputed domain name <allamericanwikiwriters.com> is registered with Automattic Inc.
The disputed domain name <americanwikipublisher.com> is registered with Hosting Concepts B.V. d/b/a
Registrar.eu.
The disputed domain name <americanwikiwriters.com> is registered with Name.com, Inc. (hereinafter collectively the “Registrars”).
The Panel will refer to the foregoing disputed domain names collectively as the “Domain Names”.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 22, 2025. On
July 22, 2025, the Center transmitted by email to the Registrars requests for registrar verification in
page 2
connection with the Domain Names. On July 23, and July 24, 2025, the Registrars transmitted by email to the Center their verification responses disclosing registrant and contact information for the Domain Names, which differed from the named Respondent (Redacted for privacy / Whois Privacy Protection Foundation /
Knock Knock WHOIS Not There, LLC) and contact information in the Complaint.
The Center sent an email to Complainant on July 28, 2025, with the registrant and contact information of nominally multiple underlying registrants revealed by the Registrars, requesting that Complainant either file separate complaint(s) for the Domain Names associated with different underlying registrants or alternatively, demonstrate that the underlying registrants are in fact the same entity and/or that all Domain Names are under common control. Complainant filed an amendment to the Complaint on August 2, 2025.
The Center verified that the Complaint together with the amendment to the Complaint satisfied 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 notified Respondents of the the due date for Response was August 24, 2025.
On August 4, 2025, per the Complainant’s request, the administrative proceedings were suspended. On August 25, 2025, the administrative proceedings were reinstituted. On September 17, 2025, the Center informed the Parties of the Commencement of Panel Appointment Process.
The Center appointed Robert A. Badgley as the sole panelist in this matter on September 23, 2025. 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
Complainant asserts:
“The Wikimedia Foundation, Inc. (‘WMF’ or ‘Complainant’) is a nonprofit charitable organization dedicated to
encouraging the growth, development, and distribution of free, multilingual, educational content. WMF was
founded in 2003 and today manages 14 free knowledge projects built and maintained by a community of
thousands of active volunteers, known as the ‘Wikimedia movement’. The many well-known projects
managed by WMF include Wikipedia, a free, online encyclopedia compiled, edited, and maintained by over
115,000 active contributors, […]. WMF provides technological, legal, fundraising, and administrative support
for these projects, which together represent one of the most-visited web properties in the world.”
“WMF also supports the Wikimedia movement by overseeing a network of organizations around the world, including Wikimedia chapters, thematic organizations, and user groups. These organizations, which share WMF’s mission, support Wikimedia movement activities within a specified geographical region by collecting donations, organizing local events, and promoting current Wikimedia projects such as Wikipedia. Currently, there are 38 chapters, over 146 user groups, and 2 thematic organizations that span over 38 countries and 6 continents.”
Complainant owns numerous trademark registrations for WIKIPEDIA in more than 100 jurisdictions,
including: United States Reg. No. 3,040,722, registered on January 10, 2006; International Reg. No.
839132, registered on December 16, 2004; and European Union Reg. No. 012847836, registered on
December 4, 2014.
Complainant’s main website is at the domain name <wikipedia.org>.
page 3
See.Wikimedia
Prior UDRP panels have recognized the fame of Complainant’s WIKIPEDIA mark. , e.g, D2024-5078 (noting “the intensive use, fame and distinctiveness of the Complainant’s prior well-known trademarks”); Wikimedia Foundation, Inc. v. Syuzanna Nesterova, WIPO Case No. D2018-1454 (“[I]t is obvious that the WIKIPEDIA Trademark is a well-known trademark.”).
Foundation, Inc. v. Ahmed Ali, Mercury Digital; Mercury Digital; Joseph Lewis, Ecommerce Company;
The Domain Names were registered at various points from October 11, 2021 to March 12, 2025.
The Domain Name <allamericanwikiwriters.com> (registered November 23, 2023) resolves to a “Coming
Soon” page.
The Domain Name <americanwikiwiters.com> (registered on October 11, 2021) resolves to a commercial held in bad faith in a prior UDRP proceeding involving Complainant.
website purporting to develop Wikipedia pages and content for customers. The site states: “GET
RECOGNIZED ON WIKIPEDIA” and “HIRE WIKIPEDIA EXPERTS AND BUILD YOUR REPUTATION.”
The Domain Name <americanwikipublisher.com> (registered on March 12, 2025) resolves to a commercial website purporting to develop Wikipedia pages and content for customers. The site states: “Your Trusted Partner for Wikipedia Page Creation.” There is no disclaimer at the website.
The look and feel of the latter two websites are not similar, even though they purport to offer essentially similar services.
5. Parties’ Contentions
A. Complainant
Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the
Domain Names.
B. Respondent
With one exception, none of the named Respondents replied to Complainant’s contentions. The registrant identified herein as Name Redacted emailed Complainant on July 29, 2025, and disavowed any involvement with the Domain Name <allamericanwikiwriters.com> and stated that someone had evidently misappropriated her personal information in the registration details.
6. Discussion and Findings
6.1 Procedural Issue - Consolidation of Multiple Respondents
The amended Complaint was filed in relation to several nominally different Domain Name registrants. Complainant alleges that the Domain Name registrants are the same entity or mere alter egos of each other, or that the Domain Names are under common control. Complainant requests the consolidation of the disputes against the multiple Domain Name registrants pursuant to paragraph 10(e) of the Rules.
The Domain Names registrants did not comment on Complainant’s request.
Paragraph 3(c) of the Rules states that a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.
page 4
In addressing Complainant’s request, the Panel will consider whether (i) the Domain Names or
corresponding websites are subject to common control; and (ii) the consolidation would be fair and equitable
to all Parties. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition
(“WIPO Overview 3.0”), section 4.11.2.
Complainant asserts:
“Although unmasking reveals different contact information for the registrants of each domain, the shell companies working as fronts for a hub.”
First, Complainant notes that all three Domain Names use the term “americanwiki.”
Second, Complainant notes that, with respect to the Domain Name <americanwikipublisher.com>, the registrant lists a United States address but a Pakistani phone number.
Complainant states further:
“[…] Complainant would also like to make the following statement in relation to
[<allamericanwikiwriters.com>]. The respondent on file, Name Redacted, has made it clear that someone is
using her personal details as false whois. This is naturally further evidence of bad faith and should also
impact the consolidation request. We also respectfully request the panel to redact Name Redacted ’s details
once the decision is published.”
Lastly, Complainant notes that the registrant of the Domain Name <americanwikiwriters.com>, Nasir
Shabbir, has been subject to other UDRP proceedings involving Complainant, namely, Wikimedia
Foundation, Inc v. jiang li, Domain Administrator, Sugarcane Internet Nigeria Limited, Macedo Gomes, kevin
parker, ram chand meena, GS Technologies, Evelyn Sharon Davisson, Professionals, Nasir Ali, Home,
Huzaifa Asif, Nasir Shabbir, WIPO Case No. D2024-2732.
Complainant asserts that “[s]imilar requests [to consolidate] have been accepted by panels in other similar
UDRP decision.” Complainant cites the following passage from Wikimedia Foundation, Inc. v. Hammad
Ahmed, Sigmatise Solutions, Warren Frank, WEG, Rana Majid, Muhammad Safdar Malik, Hamza Faisal,
WIPO Case No. D2024-0985:
“With respect to common control, the Panel notes that the evidence provided by the Complainant does that they are indeed part of the same scheme.”
indeed show that in an email correspondence sent from an email account at the disputed domain name, the
sender copied an email address at the disputed domain name and referred to the latter as a colleague with
whom they jointly provide the same services. This supports the conclusion that they are acting in concert or
under the control of the same entity. Another piece of email correspondence submitted by the Complainant
shows that a message sent from an email account at the disputed domain name was copied to an email
address at the domain name. All of this correspondence contains offers of paid editing services and other
assistance with the publication of articles on Wikipedia, with the person offering such services claiming to be
a ‘senior editor’ or ‘senior moderator’ of Wikipedia, a ‘Wikipedia administrator’ or a ‘Wikipedia page
moderator’. This indicates that the disputed domain names […] and are being used for the same commercial
activities, with the individuals sending email communications from these disputed domain names falsely
claiming to hold official positions with the Complainant. There is no evidence regarding the use of the other
two disputed domain names […], but given their meaning and their high degree of similarity to the disputed
domain names […], the short period of time during which all four of these disputed domain names were
registered with the same Registrar, and the fact that their registrants have not denied any of the
page 5
Applying the foregoing considerations to the instant case, the Panel observes that the case for consolidation here is weaker than the case under discussion above. In the instant case, the three Domain Names were registered with different Registrars, and widely separated in time. Moreover, while two of the three Domain Names resolve to websites offering essentially similar services, the look and feel of these sites is rather distinct one from the other. As noted above, the third Domain Name resolves to a “Coming Soon” page.
On the other hand, the naming scheme for all three Domain Names is very similar, with “americanwiki” being common to all three with a conceptually similar term attached – “writer(s)” or “publisher.” Moreover, none of the nominally different Respondents has come forward to deny Complainant’s allegation that the Domain
Names are under common ownership and/or control. Furthermore, the Panel has redacted the name of one of the Respondents in light of a potential identity theft, as personal details of a third party seem to have been used, raising the question of whether that may also be the case for the registration details of the other
Domain Names.
The Panel sees no reason why consolidation of these disputes would be unfair to any Party here.
Under these circumstances, the Panel will consolidate the three Domain Names into a single proceeding and will refer henceforth to the nominally different Respondents in the singular as “Respondent.”
6.2 Substantive Issues
Paragraph 4(a) of the Policy lists the three elements which Complainant must satisfy with respect to each of the Domain Names:
(i) the Domain Name is identical or confusingly similar to a trademark or service mark in which
Complainant has rights; and
(ii) Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) the Domain Name has been registered and is being used in bad faith.
A. Identical or Confusingly Similar
It is well accepted that the first element functions primarily as a standing requirement. The standing (or
threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between
Complainant’s trademark and the Domain Names. WIPO Overview 3.0, section 1.7.
The Panel finds that Complainant has rights in the trademark WIKIPEDIA through registration and use demonstrated in the record. The Panel also finds that the Domain Names are confusingly similar to that mark. The dominant element of the mark, “wiki,” is clearly recognizable within each of the three Domain Names under discussion.
Complainant has established Policy paragraph 4(a)(i).
B. Rights or Legitimate Interests
With respect to each of the Domain Names, pursuant to paragraph 4(c) of the Policy, Respondent may establish its rights or legitimate interests in the Domain Name, among other circumstances, by showing any of the following elements:
(i) before any notice to you [Respondent] of the dispute, your use of, or demonstrable preparations to
use, the Domain Name or a name corresponding to the Domain Name in connection with a bona fide offering
of goods or services; or
(ii) you [Respondent] (as an individual, business, or other organization) have been commonly known by the Domain Name, even if you have acquired no trademark or service mark rights; or
page 6
(iii) you [Respondent] are making a legitimate noncommercial or fair use of the Domain Name, without
intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at
issue.
The Panel concludes that Respondent lacks rights or legitimate interests in respect of the Domain Names.
Respondent has not come forward in these proceedings to assert that it is a legitimate business with a
legitimate and non-infringing basis for registering the Domain Names. The provision of Wikipedia article
writing or editing services, or services to enhance one’s profile on the Wikipedia platform, could arguably be
legitimate business pursuits. However, the use of a Domain Name and corresponding website that appears
to create a false affiliation between Complainant and the provider of such services is not legitimate within the
meaning of the Policy. Prior UDRP panels have made such a finding in the context of this Complainant.
See, e.g., Wikimedia Foundation, Inc. v. Ahmed Ali, Mercury Digital; Mercury Digital; Joseph Lewis,
Ecommerce Company; Andrew Ellis, WikiMakers; Muhammad Ali Khalid; Muhammad Ali Khalid,
WikiExperts, WIPO Case No. D2024-5078.
With respect to the Domain Name <allamericanwikiwriters.com> registered by someone who misappropriated the identity of another person, the Panel finds this conduct to be further grounds for finding that Respondent lacks a legitimate interest vis-à-vis that Domain Name.
Complainant has established Policy paragraph 4(a)(ii).
C. Registered and Used in Bad Faith
For each of the Domain Names, paragraph 4(b) of the Policy provides that the following circumstances, “in particular but without limitation,” are evidence of the registration and use of the Domain Name in “bad faith”:
(i) circumstances indicating that Respondent has registered or has acquired the Domain Name primarily
for the purpose of selling, renting, or otherwise transferring the Domain Name registration to Complainant
who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable
consideration in excess of its documented out of pocket costs directly related to the Domain Name; or
(ii) that Respondent has registered the Domain Name in order to prevent the owner of the trademark or
service mark from reflecting the mark in a corresponding domain name, provided that Respondent has
engaged in a pattern of such conduct; or
(iii) that Respondent has registered the Domain Name primarily for the purpose of disrupting the business
of a competitor; or
(iv) that by using the Domain Name, Respondent has intentionally attempted to attract, for commercial
gain, Internet users to Respondent’s website or other online location, by creating a likelihood of confusion
with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website
or location or of a product or service on Respondent’s website or location.
The Panel concludes, on the record provided here, that Respondent has registered and uses the Domain Names in bad faith. The Panel incorporates its discussion above in the “Rights or Legitimate Interests” section. On the record presented here, and in the absence of any corroborating evidence from Respondent, and noting the manner in which two of the Domain Names are used, the Panel concludes that Respondent registered the three subject Domain Names in order to target Complainant and its trademark for improper commercial gain, in violation of the above-quoted Policy paragraph 4(b)(iv).
Complainant has established Policy paragraph 4(a)(iii).
page 7
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 Domain Names <allamericanwikiwriters.com>, <americanwikipublisher.com>, and
<americanwikiwriters.com> be transferred to Complainant.
/Robert A. Badgley/
Robert A. Badgley
Sole Panelist
Date: October 7, 2025
<allamericanwikiwriters.com>. In light of the potential identity theft, the Panel has redacted the Respondent’s name from this Decision. However, the Panel has attached as Annex 1 to this Decision an instruction to the Registrar regarding transfer of the disputed domain name <allamericanwikiwriters.com>, which includes the name of the Respondent. The Panel has authorized the Center to transmit
Annex 1 to the Registrar as part of the order in these proceedings, and has indicated Annex 1 to this Decision shall not be published due to the exceptional circumstances of this case. See Banco Bradesco S.A. v. FAST-12785241 Attn. Bradescourgente.net / Name Redacted, WIPO Case No. D2009-1788.
0
0
0