1. The Parties
Complainant is Kik Interactive Inc. of Waterloo, Ontario, Canada, represented by Currier + Kao LLP, Canada.
Respondent is Anonymous Domain Registration Service of Lelystad, the Netherlands.
2. The Domain Name and Registrar
The disputed domain name <kik-messenger.com> (the "Disputed Domain Name") is registered with
Key-Systems GmbH dba domaindiscount24.com (the "Registrar").
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5. Parties' Contentions
A. Complainant
Complaint contends, in relevant part, as follows:
- The Disputed Domain Name is confusingly similar to the KIK Trademark because, inter alia, "the KIK word mark appears in the first three characters of the Disputed Domain and the remainder of the domain is descriptive."
- The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, "Complainant has not granted any permission to the Respondent to use the Disputed Domain"; "[t]he only reasonable explanation that the Respondent would have to use the Disputed Domain is to exploit the recognition of the KIK Marks for the purpose of deceitfully driving Internet traffic to the website located at the Disputed Domain to distribute malware, adware or other undesired applications"; and "Respondent is in no way connected with the Complainant or the KIK Marks and has no right to distribute the KIK Messenger application."
- The Disputed Domain Name was registered and is being used in bad faith because, inter alia, "Respondent registered the Disputed Domain in bad faith and has been using the websites located at the Disputed Domain in bad faith by attracting Internet users through confusion"; "[t]he Disputed Domain has been used for commercial gain through the use of free download advertisements" and "the use of third party advertisements"; and "[t]he only reasonable explanation for the Respondent to have registered the Disputed Domain offering an alleged free messenger download is to redirect Internet users to exploit the recognition of the KIK Marks and drive Internet traffic to the websites located at the Disputed Domain."
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8. Decision
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Disputed Domain Name, <kik-messenger.com>, be transferred to Complainant.
Douglas M. Isenberg
Sole Panelist
Date: September 8, 2016
No shit ...
we know what's coming next with kikdirty.com
