WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Newsmax Media Inc. v. WhoisGuard Protected / Dave Lister Case No. D2019-1151 1. The Parties

The Complainant is Newsmax Media Inc., United States of America (“United States”), represented by SafeNames Ltd., United Kingdom.

The Respondent is WhoisGuard Protected, Panama / Dave Lister, United Kingdom. 2. The Domain Name and Registrar

The disputed domain name (the “Disputed Domain Name”) is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 17, 2019. On May 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On the same day, 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 20, 2019, 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 May 20, 2019.

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 May 21, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 10, 2019. The Center received several informal communications from the Respondent, but no formal Response. Accordingly, the Center proceeded to the Panel Appointment on June 11, 2019.

The Center appointed John Swinson as the sole panelist in this matter on June 18, 2019. 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 Newsmax Media Inc., a company incorporated in the United States. According to the Complaint, the Complainant is a digital publishing company and operator of the newspaper “Newsmax”. The Complainant was founded in 1998.

The Complainant owns a number of trade marks for NEWSMAX including United States registered trade mark number 3177090, registered on November 28, 2006 (the “Trade Mark”). The Complainant is also the owner of a registered domain name incorporating the Trade Mark, being , registered on July 18, 1998.

The Respondent is Dave Lister, an individual from the United Kingdom. No formal response was received from the Respondent and therefore little information is known about the Respondent. The Disputed Domain Name was registered on October 19, 2016. The Disputed Domain Name does not currently resolve to an active website. 5. Parties’ Contentions A. Complainant

The Complainant makes the following submissions. Identical or Confusingly Similar

The Disputed Domain Name is confusingly similar to the Trade Mark. The mere addition of one letter does not negate the confusing similarity between the Disputed Domain Name and the Trade Mark. Rights or Legitimate Interests

The Respondent has no rights or legitimate interests in the Disputed Domain Name because:

- The Respondent is not commonly known by the term NEWSMAX.

- There is no prior business relationship between the parties. The Complainant has not authorised the Respondent to use the Trade Mark in the Disputed Domain Name.

- The Respondent is not using the Disputed Domain Name in connection with a bona fide offering of goods or services as the web site previously offered similar services to that of the Complainant, thereby confusing consumers.

- The Respondent is not making a legitimate noncommercial or fair use of the Disputed Domain Name as the Respondent offered similar services to the Complainant as well as advertising on the site. It is reasonable to assume that the Respondent has been making a profit from the website which offers news services and advertising. Registered and Used in Bad Faith

The Complainant’s earliest trade mark registration predates the creation date of the Disputed Domain Name by 10 years. It is implausible that the Respondent would have no knowledge of the Complainant’s Trade Mark. This is evident