WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION WhatsApp Inc. v. Sucess World Case No. D2019-2145 1. The Parties

The Complainant is WhatsApp Inc., United States of America (“United States”), represented by Hogan Lovells (Paris) LLP, France.

The Respondent is Sucess World, India. 2. The Domain Name and Registrar

The disputed domain name is registered with PDR Ltd. d/b/a PublicDomainR (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 2, 2019. On September 3, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 4, 2019, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and provided 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 September 10, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 30, 2019. The Center received an email from the Complainant on September 15, 2019, forwarding an email sent by the Respondent to the Complainant only on September 14, 2019. The Respondent did not submit any formal response. The Center informed the Parties that it would proceed with panel appointment on October 1, 2019. Further, the Center received an email from the Respondent on October 3, 2019.

The Center appointed Knud Wallberg 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 is the provider of WhatsApp, a popular mobile messaging application allowing users to exchange messages via smartphones without having to pay for short message service (SMS) messages. The Complainant was founded in 2009 and its WhatsApp application now has over 1,5 billion active users worldwide.

The Complainant has registered numerous trademarks consisting of the term WHATSAPP in many jurisdictions throughout the world, including Indian trademark registration No. 2149059, WHATSAPP, registered on May 24, 2011, for goods and services in international classes 9 and 38.

The disputed domain name was registered on February 2, 2017. The disputed domain name previously pointed to a website that purportedly provided WhatsApp numbers of young women for chatting and containing pay-per-click links. The disputed domain name currently resolves to an inactive webpage. 5. Parties’ Contentions A. Complainant

The Complainant submits that the disputed domain name is confusingly similar to the trademarks in which it has rights. The disputed domain name incorporates the Complainant’s WHATSAPP trademark in its entirety. The addition of the terms “girls” and “number for chat” as well as the “.info” designation does not prevent a finding of confusing similarity under the UDRP.

The Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not a licensee of the Complainant, nor has it been otherwise authorized or allowed by the Complainant to make any use of its WHATSAPP trademark, in a domain name or otherwise. The Respondent cannot assert that it has been using the disputed domain name prior to any notice of the present dispute, in connection with a bona fide offering of goods or services, since the disputed domain name was previously used to point to a website purportedly providing WhatsApp numbers of young women for chatting and containing pay-per-click links.

The Complainant submits that given the Complainant’s renown and goodwill worldwide including in India where the Respondent is based, the Respondent had actual and constructive knowledge of the Complainant and its rights at the time of registration of the disputed domain name. The disputed domain name was thus registered in bad faith. The Complainant further submits, that the disputed domain name is used in bad faith. The disputed domain name was previously used to point to a website purportedly providing WhatsApp numbers of young women for chatting and containing pay-per-click links. The Complainant claims that this makes it clear that the disputed domain name was being used for the sole purpose of misdirecting Internet users, based on the confusion with the Complainant’s trade