WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Thomas Voegtlin v. Domain Admin, W / Tech Support, Katz Global Media Case No. D2018-1088 1. The Parties

The Complainant is Thomas Voegtlin of Berlin, Germany, represented by Law Office of Roberto Ledesma, United States of America (“United States”).

The Respondent is Domain Admin, W of Kuala Lumpur, Malaysia / Tech Support, Katz Global Media of Tucson, Arizona, United States. 2. The Domain Name and Registrar

The disputed domain name is registered with Web Commerce Communications Limited dba WebN (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 15, 2018. On May 16, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 17, 2018, 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 and contact information in the Complaint. The Center sent an email communication to the Complainant on May 22, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amended Complaint. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on May 22, 2018. On May 28, 2018, the Complainant filed a second amended Complaint.

The Center verified that the Complaint together with the amended Complaint and 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 of the Complaint, and the proceedings commenced on June 1, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 21, 2018. The Center received an email communication from a person who is apparently the Respondent on June 4, 2018. A formal Response was not filed, and the Center notified the Parties that it would proceed to appoint the administrative panel. On June 22, 2018, the Complainant filed a supplemental filing with the Center.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on July 5, 2018. 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 began using “Electrum” to identify his software product in 2011. The software product is a wallet for Bitcoin.

The software may be downloaded from the Complainant’s, or his company’s, website: “”. The Complainant’s company is Electrum Technologies GmbH.

The Complainant’s Electrum software is provided free, but generates revenue via partnerships with third party companies, who sell services within the software.

Since 2011, there have been over three million downloads of the software and two million installed users. In the past year alone, there have been 1.2 million downloads of the Electrum software from unique IP addresses associated with the Windows version, 350,000 downloads of the Mac version, and 215,000 downloads of the Linux version.

The Complainant promotes his Electrum software extensively including through presentations and major Bitcoin conferences around the world and media interviews. The “Electrum” Twitter account has 20,500 followers. The software has been reviewed in numerous media publications.

Users of the Complainant’s Electrum software have been measured as generating five percent of all Bitcoin transactions.

The Complainant has pending trademark applications for a European Union trademark, Application No. 017900524, and a United States trademark, Application No. 87919717, for computer software in International Class 9.

It is not clear when the Respondent registered the disputed domain name. The Registrar has confirmed that the disputed domain name was first registered with it in the current registrant’s name on April 12, 2018. The language of the registration agreement is English.

An email sent from a person who is apparently the Respondent in response to the Center’s notification of the Complaint claims that the disputed domain name is being used to promote the sale by Fujian Nanan Top Way Stone Co., Ltd. of their “Electrum rare coins” and marble. At the time this decision is being prepared, the disputed domain name does resolve to a web-page referring to that company and apparently promoting its wares.

The Complainant has submitted evidence, however, showing that the website to which the disputed domain name resolved before the Complaint was filed offered downloads of software purporting to be the “Electrum Pro” Bitcoin wallet. As verified by a number of independent sources,1 the software included code which diverted a user’s Bitcoin to the website operator. 5. Discussion and Findings

Paragraph 4(a) of the Policy provides that in order to divest the Respondent of the disputed domain name, the Complainant must demonstrate each of the following:

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

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name, and

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

In response to the notification of the Complaint, the Center received an email from someone appearing to be the Respondent. A more formal Response was not received. The Second Amended Complaint, however, was sent to the physical and electr