WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Level Eleven, Inc. v. Travis Truett Case No. DCO2019-0014 1. The Parties

The Complainant is Level Eleven, Inc. of Detroit, Michigan, United States of America (“US”), represented by Honigman LLP, US.

The Respondent is Travis Truett of Paris, France. 2. The Domain Name and Registrar

The disputed domain name (the Disputed Domain Name”) is registered with CCI REG S.A. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 3, 2019. On April 4, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On April 8, 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. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on April 10, 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 April 16, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 6, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 7, 2019.

The Center appointed Nick J. Gardner as the sole panelist in this matter on May 14, 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 a provider of customer relationship management (“CRM”) software and related services. Its principal website is linked to the domain name .

On December 9, 2016 the Respondent registered the Disputed Domain Name. At the time of writing this decision the Disputed Domain Name is linked to a webpage with a video of a garbage container on fire captioned “Spinal Tap “Up to 11” Fan Club Blog Coming Soon!”. The evidence filed with the Complaint shows that previously the Disputed Domain Name redirected to a different website (see below). 5. Parties’ Contentions A. Complainant

The Complainant’s case can be summarized as follows.

a) The Disputed Domain Name is identical or confusingly similar to its LEVELELEVEN trademark. The Complainant relies on unregistered trademark rights in the word mark LEVELELEVEN and the composite mark LEVELELEVEN & Design. The Complainant says it has been using these trademarks substantially and continuously since 2012 in connection the following goods and services:

- Software, webinars, e-books, and other content related to sales management and/or performance management,

- Conducting research and providing consulting services in the field of customer relationship management (CRM) pertaining to strategy, marketing, and sales,

- Conducting workshops and seminars and providing education services in the field of customer relationship management. The Complainant provides substantial further evidence as to the detail of this usage. This is discussed below.

b) The Respondent does not have any rights or legitimate interests in the Disputed Domain Name.

c) The Respondent has registered and used the Disputed Domain Name in bad faith. The Complainant says the registrant of the Disputed Domain Name is Travis Truett, who is the CEO of Ambition Solutions, Inc. a competitor of the Complainant. It says the address in Paris that is listed on the WhoIs data from the Registrar is a hotel and that the Respondent is in fact in the US. The Complaint then proceeds on the basis that Ambition Solutions Inc. is the substantive Respondent. The Complainant says the Disputed Domain Name redirects to a page on the Respondent’s website, which provides a demonstration for its CRM software. It says the Respondent was founded in 2013 and has been the Complainant’s primary competitor for several years and that the Respondent is known by the name Ambition and uses the mark AMBITION on their website, “”. It says the Respondent is not using, has not used, and/or has not demonstrated an intent to use the Disputed Domain Name, in connection with a bona fide, non-infringing offering of its goods and services. The Respondent is not making legitimate noncommercial or fair use of the Disputed Domain Name. Rather, its use is with the intent to mislead and divert consumers or to dilute the Complainant’s LEVELELEVEN trademarks for commercial gain. It says the Respondent is clearly intending to confuse customers who by mistake use the Disputed Domain Name rather than .

The Complaint also goes into some detail concerning the actions of an ex-employee of the Complainant now working for the Respondent. The Panel has not found it necessary to consider this issue. B. Respondent

No response has been filed. 6. Discussion and Findings

Preliminary issue – lack of Response

The Panel notes that no communication has been received from the Respondent. However given the Complaint and Written Notice were sent to the relevant addresses disclosed by the Registrar then the