The Complainant is C LLC of New York, New York, United States of America (“USA” or “United States”), represented by Fross Zelnick Lehrman & Zissu, PC, USA.
The Respondents are Zuka Diasamidze of Tbilisi, Georgia; Awin Joshi of Bhavnagar, India; Naomi Abe of Tokyo, Japan; and Chris Kelly of United Kingdom of Great Britain and Northern Ireland, self-represented. For the reasons set out in section 6.A. below, for the purposes of the decision, the Panel will refer to the Respondents as a single Respondent. 2. The Domain Names and Registrars
The disputed domain names (collectively “Domain Names”) , , , and are registered with GoD, LLC; the disputed domain name is registered with PDR Ltd. d/b/a PublicDomainR; the disputed domain name is registered with GMO Internet, Inc. d/b/a Discount-D and O (the “Registrars”). 3. Procedural History
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on September 6, 2017. On September 8, 2017, the Center transmitted by email to the Registrars a request for registrar verification in connection with the Domain Names. On September 9, 2017, September 11, 2017 and September 12, 2017, the Registrars transmitted by email to the Center their verification response providing the contact details of the named registrants of the Domain Names. The Center sent an email communication to the Complainant on September 13, 2017 providing the registrant and contact information disclosed by the Registrars which differed from the named Respondent and contact information in the Complaint, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on the same day.
On September 18, 2017, the Center transmitted an email in English and Japanese regarding the language of the proceeding inviting comment from the parties as to the proper language of the proceeding. The Complainant requested that English be the language of the proceeding on the same day and filed a second amended Complaint in response to the Center’s request. On September 19, 2017, the Respondent submitted an email in English indicating that the words like “cool maths games” are not unique and requesting the Center not to send emails to it. The Respondent did not comment on the language of the proceeding by the specified due date.
The Center verified that the Complaint together with the first amended Complaint and the second amended 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 the Respondent in English and Japanese of the Complaint, and the proceedings commenced on September 25, 2017. In accordance with the Rules, paragraph 5, the due date for Response was October 15, 2017. On September 27, 2017, the Respondent submitted an email in Japanese indicating that it did not use the Domain Names. The Respondent did not file a formal Response. Accordingly, the Center notified the Parties the commencement of panel appointment process on October 16, 2017.
The Center appointed Nicholas Smith as the sole panelist in this matter on October 19, 2017. 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 a computer software company based in the United States founded in 1998. The Complainant and its predecessor in title have since 1997 operated various websites containing educational games focusing on maths and science. The Complainant’s website “” received 238 million visitors between August 1, 2016 and July 31, 2017. The Complainant also operates other websites at “www.c” and “” that provide similar services targeted at different age groups. One of the Complainant’s educational games accessible from the Complainant’s website is “Run” (along with a sequel “Run 2”).
The Complainant has held a trade mark registration for the word mark COOLMATH (the “COOLMATH Mark”) in the United States with a registration date of April 1, 2008 and a date of first use of November 14, 1997 (registration no. 3404699).
The Domain Name was registered on May 19, 2015. The Domain Name was registered on June 5, 2015. The Domain Name was registered on May 20, 2017. The Domain Name was registered on March 14, 2016. Each of these Domain Names redirect to a website (stated in the Complaint to be located at “www.” but at the time of the decision located at “”) offering various games targeted at children (the “Respondent’s First Website”). The Domain Name was registered on September 30, 2013. This Domain Name redirects to a website (the “Respondent’s Second Website”) which is similar to the Respondent’s First Website and offers computer games targeted at children, some with an educational bent. The Domain Name was registered on January 26, 2017. This Domain Name redirects to a website (the “Respondent’s Third Website”) which is similar to the Respondent’s First and Second Websites and offers computer games targeted at children. The Domain Name was registered on July 12, 2017. It is presently inactive. 5. Parties’ Contentions A. Complainant
The Complainant makes the following contentions:
(i) that the Domain Names are identical or confusingly similar to the Complainant’s COOLMATH Mark;
(ii) that the Respondent has no rights nor any legitimate interests in respect of the Domain Names; and
(iii) that the Domain Names have been registered and are being used in bad faith.
The Complainant is the owner of the COOLMATH Mark having registered the COOLMATH Mark in the United States since 2008 and having used it as part of its website offering educational games since 1997. The Complainant has developed a considerable reputation in its various websites using the COOLMATH Mark and has received accolades from parents and schools for the services it provides.
Five of the seven Domain Names incorporate the whole of the Complainant’s COOLMATH Mark and add various generic terms such as “best”, “games” and “run”, which does not decrease the likelihood of confusion with the COOLMATH Mark. The Domain Name merely adds the suffix “er” between “cool” and “math” and the Domain Name adds a hyphen between “cool” and “math”. In each case the COOLMATH Mark remains the dominant and distinctive part of the Domain Names.
There are no rights or legitimate interests held by the Respondent in respect of the Domain Names. The Respondent is not commonly known as any of the Domain Names, nor does the Respondent have any authorization or license from the Complainant to use the COOLMATH Mark. The registration of each of the Domain Names occurred after the Complainant had established a reputation in the COOLMATH Mark and the Domain Names are either unused, or redirect to websites that offer computer games targeted at children and clearly try to mimic the Complainant’s websites, indicating that the Respondent is trying to mislead potential visitors into believing that the Respondent’s websites are affiliated with the Complainant.
The Domain Names were registered and are being used in bad faith. The only reason for the Respondent’s use of the COOLMATH Mark is to intentionally confuse consumers, to trade on the Complainant’s rights and reputation and to drive traffic to its websites for its own commercial benefit. Each of the Domain Names is either being passively held or resolves to a website that displays the COOLMATH Mark. This conduct amounts to registration and use of the Domain Names in bad faith. B. Respondent
The Respondent did not reply to the Complainant’s contentions other than to deny that words like “cool maths games” are unique. 6. Discussion and Findings A. Consolidation of Proceedings
The named registrant of the Domain Names , , and is Zuka Diasamidze. The named registrant of the Domain Name is Chris Kelly. The named registrant of the Domain Name is Awin Joshi. The named registrant of the Domain Name is Naomi Abe.
UDRP Proceedings are normally brought against a single Respondent. However paragraph 10(e) of the Rules states that in certain circumstances a panel may consolidate multiple domain name disputes. The WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), paragraph 4.11.2, states:
Where a complaint is filed against multiple respondents, panels look at 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. Procedural efficiency would also underpin panel consideration of such a consolidation scenario.
Panels have considered a range of factors, typically present in some combination, as useful to determining whether such consolidation is appropriate, such as similarities in or relevant aspects of (i) the registrants’ identity(ies) including pseudonyms, (ii) the registrants’ contact information including email address(es), postal address(es), or phone number(s), including any pattern of irregularities, (iii) relevant IP addresses, name servers, or webhost(s), (iv) the content or layout of websites corresponding to the disputed domain names, (v) the nature of the marks at issue (e.g., where a registrant targets a specific sector), (vi) any naming patterns in the disputed domain names (e.g., or ), (vii) the relevant language/s
