WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Andrey Ternovskiy dba Chatroulette v. Registration Private, Domains By Proxy, LLC / I S, ICS INC Case No. D2018-2532 1. The Parties

The Complainant is Andrey Ternovskiy dba Chatroulette of Sliema, Malta, represented by CSC Digital Brand Services AB, Sweden.

The Respondent is Registration Private, Domains By Proxy, LLC, of Scottsdale, Arizona, United States of America (“United States”) / I S, ICS INC of Grand Cayman, Cayman Islands, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland ("United Kingdom"). 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 November 5, 2018. On November 6, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 7, 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 November 8, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on November 9, 2018.

The Center verified that the Complaint, together with the 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 November 13, 2018. In accordance with the Rules, paragraph 5, the due date for Response was December 3, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 4, 2018.

The Center appointed Alejandro Touriño as the sole panelist in this matter on December 13, 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 is the owner of an online chat website created in 2009 that pairs random people from around the world together for real-time, webcam-based conversations.

The Complainant is the owner of several trademark registrations CHATROULETTE across various jurisdictions since, at least, 2011.

The Complainant is the owner of the domain name since November 16, 2009.

The Respondent registered the Disputed Domain Name on November 28, 2016. The website hosted at the disputed domain name features multiple third-party links for Internet videoing and chatting services, which directly compete with the Complainant’s own offerings. 5. Parties’ Contentions A. Complainant

The Complainant contends to be the owner of one of the most popular video chat sites in the world named “ChatRoulette”, that has generated significant interest and attention internationally among fans, the media, and competitors.

The Complainant also states that he is the owner of several trademark registrations for CHATROULETTE across various jurisdictions, which are known internationally. In particular, the Complainant is owner, among others, of the following trademarks:

- German trademark, registration number 302010003706 for CHATROULETTE, applied for on March 10, 2010 and registered on February 21, 2013, in classes 35, 38 and 42,

- European Union trademark, registration number 008944076, for CHATROULETTE, applied for on March 10, 2010 and registered on December 4, 2012 in classes 35, 38 and 42,

- United States trademark, registration number 4445843, for CHATROULETTE, applied for on January 10, 2011 and registered on December 10, 2013, in classes 38 and 45.

In addition, the Complainant further contends to have spent a considerable amount of time and money protecting its intellectual property rights.

The trademark CHATROULETTE registered by the Complainant combines the term ‘chat,’ which is one of the core purposes of Complainant’s website, and the word ‘roulette,’ which is associated with the thrill of unpredictability. This combination clearly represents the Complainant’s business purpose.

The Complainant further asserts that the Complainant’s extensive and continuous use of the CHATROULETTE trademarks, and the fact that the Complainant has made significant investments over the years to promote and protect these trademarks and the “Chatroulette” business across the Internet and world, demonstrate that the Complainant enjoys a substantial degree of public recognition in CHATROULETTE and has seen this mark become uniquely and distinctly associated with the Complainant.

The Complainant contends that the disputed domain name is identical to the Complainant’s trademark CHATROULETTE, since they coincide in the distinctive and dominant part of the disputed domain name. The Respondent’s addition of the generic term “boy” and the generic Top-Level Domain (“gTLD”) “.com” do nothing to distinguish the disputed domain name from the Complainant’s trademarks.

The Complainant further claims that he has not licensed nor otherwise permitted the Respondent to use its trademark CHATROULETTE or to apply for any domain name incorporating its registered trademark. The Respondent is not sponsored by or affiliated with the Complainant in any way.

The Complainant also asserts that the Respondent does not have any rights or legitimate interests in the disputed domain name, since the Respondent does not associate the disputed domain name with a good faith offering of goods and services and has not been commonly known by the name “Chatroulette” at any relevant time. Furthermore, the Respondent is making neither a bona fide offering of goods or services nor a legitimate, noncommercial fair use of the disputed domain name. On the contrary, the Respondent offers and attempts to sell video and online chatting products, which directly compete with the Com