WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION E-Movers LLC v. Sohail Ayub, M Ayub Transport, EEI Cargo Movers LLC Case No. D2018-1728 1. The Parties

The Complainant is E-Movers LLC of Dubai, United Arab Emirates (“UAE”), represented by AVID Intellectual Property Registration Agent, UAE.

The Respondent is Sohail Ayub, M Ayub Transport, EEI Cargo Movers LLC of Dubai, UAE. 2. The Domain Name and Registrar

The disputed domain name is registered with GoD, LLC (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 31, 2018. On July 31, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 2, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that 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 the Respondent of the Complaint, and the proceedings commenced on August 24, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 13, 2018. The Respondent submitted informal email communications but did not submit a formal response. Accordingly, the Center notified the Parties that it would proceed to panel appointment on September 14, 2018.

The Center appointed Christopher J. Pibus as the sole panelist in this matter on September 20, 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 has operated a moving business in the United Arab Emirates and Qatar since 2003 under the trade name and trademark E-MOVERS. The Complainant owns several registered trademarks for its E‑MOVERS mark as follows:

UAE Trademark Registration No. 200248 for E-MOVERS,

UAE Trademark Registration No. 160320 for E-MOVERS NO MESS NO STRESS (Design),

Saudi Arabia Trademark Registration No. 1435008432 for E-MOVERS,

Saudi Arabia Trademark Registration No. 1435008431 for E-MOVERS NO MESS NO STRESS (Design),

Qatar Trademark Registration No. 90631 for E-MOVERS,

Qatar Trademark Registration No. 90632 for E-MOVERS NO MESS NO STRESS (Design).

The Complainant’s registered trademark rights date back to May 24, 2011 for the E-MOVERS NO MESS NO STRESS (and Design) mark in the UAE, and October 30, 2013 for the E-MOVERS trademark in the UAE.

The disputed domain name was registered on September 23, 2017 and has resolved to a website for moving and transportation services. 5. Parties’ Contentions A. Complainant

The Complainant alleges that the disputed domain name is confusingly similar to the Complainant’s registered trademark. The Complainant contends that the disputed domain name simply adds the letter “e” before the Complainant’s registered trademark.

The Complainant brings forward evidence of actual confusion in the marketplace. On June 30, 2018, a purported client posted a negative review on the Complainant’s website. Upon investigation, it was determined that the individual had actually used the Respondent’s services, believing that the Respondent and the Complainant were one and the same because of the disputed domain name .

The Complainant submits that its Registered Trademark and services are well-known in the UAE and Qatar, and that the Respondent, who is also located in that region, must have known about the Complainant when the disputed domain name was purchased. The Complainant also asserts that the Respondent originally used a logo that embedded the letter “i” in the letter “m” in EEI Movers (shown in Annex 5) that had the effect of making the name appear at first glance to be EE MOVERS. The Respondent changed the logo after he received the Complainant’s demand letter.

The Respondent is not commonly known by the disputed domain name, and was not authorized by the Complainant to use or register a domain name