WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Licensing IP International S.A.R.L v. WhoisGuard Protected, WhoisGuard, Inc. / Nguyen Truong Case No. D2019-2046 1. The Parties

The Complainant is Licensing IP International S.A.R.L, Luxembourg, represented by SafeNames Ltd., United States of America (“United States”).

The Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / Nguyen Truong, Viet Nam. 2. The Domain Name and Registrar

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 August 21, 2019. On August 21, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 22, 2019, 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 August 22, 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 August 27, 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 August 28, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 17, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 18, 2019.

The Center appointed Benjamin Fontaine as the sole panelist in this matter on October 4, 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 in this matter is Licensing IP International S.A.R.L., an entity based in Luxembourg, which owns numerous trade mark rights over BRAZZERS, including the following:

- United States trade mark BRAZZERS (word) No. 3621514 of May 19, 2009, in class 41,

- Canadian trade mark BRAZZERS, BRAZZERS.COM (word) No. TMA720519 of August 8, 2008 in classes 9, 14, 16, 21, 25, 26, 41,

- European Union trade mark BRAZZERS (word) No. 010175909 of January 9, 2012, in classes 38, 41, 42.

The Complainant also owns domain names containing the element “brazzers”, such as , , and .

The trade marks BRAZZERS are licensed to MG Premium Ltd, which operates under this brand a website offering adult entertainment videos. The evidence provided with the Complaint indicates that the brand “Brazzers” is well known in the field of online pornography. For the purposes of this proceeding, it is sufficient to highlight the following figures: the website receives an average of 37 million visits per month, and is the 1.005th most visited website on the Internet. This brand is subject to important marketing innovations in order to gather popularity in this industry, including the retail of merchandise products, the operation of successful social media with many followers, the release of songs and videos, etc. For example, the Instagram account of the Complainant’s licensee has nearly 8 million followers. As a result of these efforts, the website is ranked first on popular search engines when conducting a search on “brazzers”.

The disputed domain name was registered on August 23, 2018 through a privacy service, identified as “WhoisGuard Protected, WhoisGuard, Inc.”. Once the Complaint was filed, the Registrar disclosed the identity of the Respondent, an individual with an alleged address in Viet Nam.

The disputed domain name is used to offer adult pornographic videos, under the title “BRAZZERS3X”. Interestingly, this title is reproduced using the same figurative elements as the Complainant’s website, namely upper case letters in a mixture of white / grey, with the central letters “zz” in gold. The word “brazzer” is also used numerous times on the website to identify some of the videos which, as claimed by the Complainant, are copied from its own website. Besides, the Respondent’s website also offers links to other pornographic websites, or to other comm