Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 1 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 1 of 41
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
`
`Civil Action No.
`
`Jury Trial Demanded
`
`FACEBOOK, INC.; INSTAGRAM,
`
`LLC; and WHATSAPP LLC,
`
`: :
`
`'
`
`. :
`
`'
`
`Plaintiffs,
`
`V.
`
`NEW VENTURES SERVICES,
`
`CORR, and DOES 1—10,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiffs Facebook, Inc. (“Facebook”), Instagram, LLC (“Instagram”), and
`
`WhatsApp LLC (“WhatsApp”) (collectively “Plaintiffs”) by and through their
`
`attorneys, Perkins Coie LLP and Royer Cooper Cohen Braunfeld LLC, file their
`
`complaint for injunctive relief and damages against Defendant New Ventures
`
`Services, Corp., which is the registrant of at least 74 domain names that infringe
`
`Plaintiffs’ trademarks; and Does 1—10, who are acting in concert with, as the
`
`agents of, and/or as the alter egos of New Ventures Services, Corp. (collectively,
`
`“NVSC”).
`
`I.
`
`INTRODUCTION
`
`1.
`
`Facebook, Instagram, and WhatsApp are among the most
`
`recognizable brands on the Internet and in the world. Seeking to take advantage of
`
`Plaintiffs’ goodwill and fame, and unwary Internet users, NVSC has registered at
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 1 of 41
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
`
`Civil Action No.
`
`Jury Trial Demanded
`
`FACEBOOK, INC.; INSTAGRAM,
`
`LLC; and WHATSAPP LLC,
`
`: :
`
`'
`
`. :
`
`'
`
`Plaintiffs,
`
`V.
`
`NEW VENTURES SERVICES,
`
`CORR, and DOES 1—10,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiffs Facebook, Inc. (“Facebook”), Instagram, LLC (“Instagram”), and
`
`WhatsApp LLC (“WhatsApp”) (collectively “Plaintiffs”) by and through their
`
`attorneys, Perkins Coie LLP and Royer Cooper Cohen Braunfeld LLC, file their
`
`complaint for injunctive relief and damages against Defendant New Ventures
`
`Services, Corp., which is the registrant of at least 74 domain names that infringe
`
`Plaintiffs’ trademarks; and Does 1—10, who are acting in concert with, as the
`
`agents of, and/or as the alter egos of New Ventures Services, Corp. (collectively,
`
`“NVSC”).
`
`I.
`
`INTRODUCTION
`
`1.
`
`Facebook, Instagram, and WhatsApp are among the most
`
`recognizable brands on the Internet and in the world. Seeking to take advantage of
`
`Plaintiffs’ goodwill and fame, and unwary Internet users, NVSC has registered at
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 2 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 2 of 41
`
`least 278 domain names that are identical or confusingly similar to Plaintiffs’
`
`trademarks, including, for example, httpinstagram.com, instagram-login.com, and
`
`hackearwhatsappcom. As of March 29, 2021, NVSC owned at least 74 of these
`
`identical or confiisingly similar domain names (these domain names currently
`
`registered by NVSC are referred to collectively as the “Infringing Domain
`
`Names”). As reported by domain name news sources, the ICANN-accredited
`
`registrars Network Solutions, LLC and Register.com, Inc. cherry-picked many of
`
`the Infringing Domain Names prior to the registrations expiring and then
`
`transferred the Infringing Domain Names to NVSC—a related entity—before the
`
`Infringing Domain Names became publicly-available for registration. On
`
`information and belief, NVSC now uses most of the Infringing Domain Names to
`
`trick unsuspecting Internet users into visiting the websites at the Infringing Domain
`
`Names (the “Associated Websites”).
`
`2.
`
`NVSC then monetizes the Infringing Domain Names by exploiting the
`
`mistakes of Internet users who believe they are navigating to Plaintiffs’ authorized
`
`online websites. The majority of the Associated Websites are “pay-per-click”
`
`websites from which NVSC generates revenue from Internet traffic. Some of the
`
`Associated Websites have also been flagged for suspected phishing and other
`
`nefarious website activities. In addition, NVSC profits from the notoriety of
`
`Plaintiffs’ trademarks on which the Infringing Domain Names are based by
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 3 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 3 of 41
`
`offering to sell these Infringing Domain Names, and, on information and belief,
`
`often soliciting the former registrants of the Infringing Domain Names to pay
`
`extortionate prices to buy back the Infringing Domain Names. In many instances,
`
`NVSC directs consumers interested in purchasing these Infringing Domain Names
`
`to the Network Solutions, LLC website.
`
`3.
`
`This illicit business model is nothing new to NVSC, which has a long
`
`and well-documented history of working in active concert with related entities in
`
`order to profit in bad faith from the registration, trafficking in, and use of
`
`trademark-based domain names. These related entities include registrars Network
`
`Solutions, LLC and Registercom, Inc., and the proxy service provider Perfect
`
`Privacy, LLC, all of which are subsidiaries of Web.com Group, Inc.
`
`4.
`
`Plaintiffs bring this lawsuit to stop NVSC’s unlawful activity and
`
`recover for the harm done to Plaintiffs and their trademarks.
`
`II.
`
`THE PARTIES
`
`5.
`
`Plaintiff Facebook, Inc. is a Delaware corporation with its principal
`
`place of business in Menlo Park, California.
`
`6.
`
`Plaintiff Instagram, LLC is a Delaware limited liability company with
`
`its principal place of business in Menlo Park, California.
`
`7.
`
`Plaintiff WhatsApp LLC is a Delaware limited liability company with
`
`its principal place of business in Menlo Park, California.
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 4 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 4 of 41
`
`8.
`
`Defendant New Ventures Services, Corp. is a British Virgin Islands
`
`corporation using a Post Office box in Drums, Pennsylvania, United States for all
`
`but one of the Infringing Domain Names, and that one lists Pennsylvania as the
`
`Registrant State without specifying a city. According to Web.com Group, Inc.’s
`
`(“Web.com”) 2017 SEC Form lO-K Exhibit 21.1, NVSC was and/or is a subsidiary
`
`of Web.com. Web.com is a web technology company servicing millions of
`
`customers worldwide through its portfolio of brands, including the ICANN-
`
`accredited registrars Network Solutions, LLC (“Network Solutions”) and
`
`Registercom, Inc. (“Register.com”), the domain name registration and aftermarket
`
`service provider SnapNames, and the domain name registration proxy service
`
`provider Perfect Privacy, LLC (“Perfect Privacy”). In February 2021 , Web.com
`
`was acquired by and/or merged into a newly-formed entity called Newfold Digital,
`
`which is apparently being led by the former CEO and CFO of Web.com, among
`
`other members of the Web.com leadership team. Both Web.com and Network
`
`Solutions have offices at 10 Azalea Rd., Drums, Pennsylvania, 18222-2154.
`
`9.
`
`On information and belief, Defendant Does 1—10 are individuals
`
`and/or entities residing in the United States working in concert with, as the agents
`
`of, and/or as the alter egos of NVSC to register, traffic in, and use the Infringing
`
`Domain Names with a bad faith intent to profit (“Related Entity Does”).
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 5 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 5 of 41
`
`III.
`
`JURISDICTION AND VENUE
`
`10.
`
`The Court has jurisdiction over the federal causes of action alleged in
`
`this complaint pursuant to 28 U.S.C. §§ 1331 and 1338(a), and 15 U.S.C.
`
`§ 1121(a).
`
`11.
`
`The Court has personal jurisdiction over NVSC because NVSC has
`
`consented to personal jurisdiction in this District and because a substantial part of
`
`the activities giving rise to this complaint occurred in and arise from an address in
`
`this District.
`
`12. Under the ICANN 2013 Registrar Accreditation Agreement, domain
`
`registrars are required to enter into contracts with domain registrants, which
`
`contracts include a forum-selection clause “[f]or adjudication of disputes
`
`concerning or arising from use of the [domain name]” consenting “to the
`
`jurisdiction of the courts of the [registrant]’s domicile.”
`
`13.
`
`The ICANN 2013 Registrar Accreditation Agreement further requires
`
`that registrars’ contracts with domain registrants include provisions requiring the
`
`registrant to provide “accurate and reliable contact details” including the “postal
`
`address .
`
`.
`
`. of the [registrant].”
`
`14.
`
`Each of the sponsoring registrars for the Infringing Domain Names is
`
`a signatory to the ICANN 2013 Registrar Accreditation Agreement.
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 6 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 6 of 41
`
`15. Network Solutions, Register.com, eNom, Inc., and SnapNames are
`
`each a sponsoring registrar for at least one Infringing Domain Name. The
`
`publicly-available registration agreements for these four registrars include the
`
`required forum-selection and contact information clauses noted above. On
`
`information and belief, NVSC’s registration agreements with these four registrars
`
`include the required forum-selection and contact information clauses noted above.
`
`16.
`
`On information and belief, all other sponsoring registrars’ contracts
`
`with NVSC for each of the Infringing Domain Names include the required forum-
`
`selection and contact information clauses noted above.
`
`17. NVSC uses a Post Office box in Drums, Pennsylvania, United States
`
`for all but one of the Infringing Domain Names, and that one lists Pennsylvania as
`
`the Registrant State without specifying a city.
`
`18. NVSC has used the same Post Office box in Drums, Pennsylvania as
`
`its registration address with respect to more than 222,000 domain name
`
`registrations. NVSC has continuously used this Post Office box in Drums,
`
`Pennsylvania in connection with domain name registrations since at least 2013.
`
`19. Venue is proper in this action pursuant to 28 U.S.C. §§ l391(b)(2)
`
`and/or l391(b)(3), because NVSC uses a Post Office box in Drums, Pennsylvania,
`
`United States for all but one of the Infringing Domain Names, and this Court has
`
`personal jurisdiction over NVSC.
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 7 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 7 of 41
`
`IV.
`
`FACTS
`
`A.
`
`Plaintiffs and their Trademarks
`
`1.
`
`
`20. Amongst other products and services, Facebook offers a social
`
`networking website and mobile application that enables its users to create their
`
`own personal profiles and connect with each other on their personal computers and
`
`mobile devices.
`
`21.
`
`Facebook owns the exclusive rights to numerous trademarks and
`
`service marks to provide its online services, including the distinctive FACEBOOK
`
`word mark and stylized mark, and has used the marks in connection with its
`
`services since at least as early as 2004.
`
`22.
`
`In addition to its extensive common law rights, Facebook owns
`
`numerous United States registrations for its FACEBOOK marks, including but not
`
`limited to:
`
`a.
`
`b.
`
`United States Registration Number 3,734,637; and
`
`United States Registration Number 3,881,770.
`
`Copies of these registration certificates are attached to this complaint as Exhibit 1.
`
`Facebook’s common law and registered FACEBOOK trademarks are collectively
`
`referred to as the “Facebook Trademarks.”
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 8 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 8 of 41
`
`23.
`
`Facebook’s use of the Facebook Trademarks in interstate commerce
`
`has been extensive, continuous, and substantially exclusive. Facebook has made,
`
`and continues to make, a substantial investment of time, effort, and expense in the
`
`promotion of Facebook and the Facebook Trademarks. As a result of Facebook’s
`
`efforts and use, the Facebook Trademarks are famous (and have been famous since
`
`at least as early as 2011) as they are recognized within the United States and
`
`around the world as signifying high quality, authentic goods and services provided
`
`by Facebook.
`
`2.
`
`
`24.
`
`Instagram offers a photo and video sharing and editing service, mobile
`
`application, and social network. Instagram users can choose to share their photos
`
`and videos with their followers online.
`
`25.
`
`Instagram owns the exclusive rights to the distinctive INSTAGRAM
`
`word mark and stylized mark, having used the marks in connection with its goods
`
`and services since at least as early as 2010.
`
`26.
`
`In addition to its extensive common law rights, Instagram owns
`
`numerous United States registrations for the INSTAGRAM marks, including, but
`
`not limited to:
`
`a.
`
`b.
`
`United States Registration Number 4,795,634;
`
`United States Registration Number 4,146,057;
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 9 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 9 of 41
`
`United States Registration Number 4,756,754;
`
`United States Registration Number 5,566,030;
`
`United States Registration Number 4,856,047;
`
`United States Registration Number 4,822,600;
`
`0.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`
`
`United States Registration Number 4,827,509;
`
`United States Registration Number 4,863,595
`
`United States Registration Number 4,863,594;
`
`United States Registration Number 5,019,151; and
`
`k.
`
`United States Registration Number 5,869,731.
`
`Copies of these registration certificates are attached to this complaint as Exhibit 2.
`
`Instagram’s common law and registered INSTAGRAM trademarks are collectively
`
`referred to as the “Instagram Trademarks.”
`
`27.
`
`Instagram’s use of the Instagram Trademarks in interstate commerce
`
`has been extensive, continuous, and substantially exclusive. Instagram has made,
`
`and continues to make, a substantial investment of time, effort, and expense in the
`
`promotion of Instagram and the Instagram Trademarks. As a result of Instagram’s
`
`efforts and use, the Instagram Trademarks are famous (and have been famous since
`
`at least as early as 2014) as they are recognized Within the United States and
`
`around the world as signifying high quality, authentic goods and services provided
`
`by Instagram.
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 10 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 10 of 41
`
`3. WhatsApp
`
`28. WhatsApp offers simple, secure, reliable messaging and calling,
`
`provided for mobile devices globally and through desktop computers. WhatsApp
`
`users may access WhatsApp’s services via app stores or its website located at
`
`<whatsapp.com>.
`
`29. WhatsApp owns the exclusive rights to several trademarks and service
`
`marks, including the distinctive WHATSAPP word mark, having used the mark in
`
`connection with its goods and services since at least as early as 2009.
`
`30.
`
`In addition to its extensive common law rights, WhatsApp owns
`
`numerous United States registrations for the WHATSAPP marks, including, but
`
`not limited to:
`
`a.
`
`b.
`
`0.
`
`(1.
`
`United States Registration Number 3,939,463;
`
`United States Registration Number 4,083,272;
`
`United States Registration Number 5,492,738; and
`
`United States Registration Number 5,520,108.
`
`31.
`
`Copies of these registration certificates are attached to this complaint
`
`as Exhibit 3. WhatsApp’s common law and registered WHATSAPP trademarks
`
`are collectively referred to as the “WhatsApp Trademarks.”
`
`32. WhatsApp’s use of the WhatsApp Trademarks in interstate commerce
`
`has been extensive, continuous, and substantially exclusive. WhatsApp has made,
`
`10
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 11 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 11 of 41
`
`and continues to make, a substantial investment of time, effort, and expense in the
`
`promotion of WhatsApp and the WhatsApp Trademarks. As a result of
`
`WhatsApp’s efforts and use, the WhatsApp Trademarks are inextricably linked
`
`with the products and services offered by WhatsApp.
`
`33.
`
`The Facebook Trademarks, Instagram Trademarks, and WhatsApp
`
`Trademarks are collectively referred to as the “Plaintiffs” Trademarks.”
`
`B.
`
`NVSC’s Unlawful Activities
`
`1.
`
`NVSC’s Business Practices and Partners
`
`34.
`
`On information and belief, NVSC is a subsidiary of Web.com, which
`
`owns, among other intemet brands, (a) Network Solutions and Registercom, both
`
`ICANN—accredited registrars, (b) SnapNames, which offers various domain name
`
`registration and aftermarket services, and (0) Perfect Privacy, a domain name
`
`registration proxy service. On information and belief, NVSC’s only business is
`
`registering unexpired or expired domain names, generating pay-per-click revenue
`
`from websites it posts associated with those domain names, and generating
`
`additional revenue by selling those domain names for financial gain. Many of the
`
`domain names that NVSC registers, traffics in, and/or uses incorporate trademarks
`
`or confusingly similar variations of trademarks owned by third parties, such as
`
`Plaintiffs.
`
`ll
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 12 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 12 of 41
`
`35.
`
`On information and belief, in connection with its registration,
`
`trafficking, and use of such domain names, and its hosting of websites in
`
`connection with those domain names, NVSC works in active concert with other
`
`subsidiaries of Web.com, including without limitation Network Solutions,
`
`Registercom, SnapNames, and Perfect Privacy.
`
`36.
`
`For example, in a June 2019 article titled New Ventures Services:
`
`#Domain warehousing and the risk ofgetting served with a #UDRP, the
`
`publication DomainGang describes NVSC as the “domain warehousing sister
`
`company” of Network Solutions, both of which it describes as “entities under the
`
`Web.com umbrella.” A screenshot of this article is attached to this complaint as
`
`Exhibit 4.
`
`37. Also, for many years, domain name consumers have complained
`
`about the business practices of NVSC and the Web.com-affiliated registrars with
`
`which NVSC works in active concert, including but not limited to:
`
`a.
`
`A sitepoint.com bulletin board post titled New Venture
`
`Services, Corp & Network Solutions? highlights numerous
`
`consumer complaints about NVSC and its business practices
`
`dating back to 2007. A screenshot of this bulletin board is
`
`attached to this complaint as Exhibit 5.
`
`12
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 13 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 13 of 41
`
`b.
`
`Similarly, a July 2014 report titled WARNING! If You Own
`
`Domain Names, Avoid Web.com and Its Subsidiaries and
`
`Partners (Register. com Network Solutions, and New Ventures
`
`Services - AKA. “New Vultures Services ” - Among Others)
`
`catalogued a long history of complaints related to NVSC’s
`
`business practices, particularly its relationship with related-
`
`registrars Network Solutions and Register.com and its business
`
`of “park[ing the domain names] for ad revenue [and, W]hen
`
`queried by former registrants, [] offer[ing] to sell them back (at
`
`extortionate prices) or auction[] them off on the aftermarket.”
`
`A screenshot of this report is attached to this complaint as
`
`Exhibit 6.
`
`An August 2014 article from dotWeekly titled New Ventures
`
`Services Corp, Who Are They? , reported that Network
`
`Solutions and Register.com “cherry pick[ed] expired domains
`
`[such that] the general public is not allowed to bid in an open
`
`auction to obtain the domain,” by transferring the cherry-picked
`
`domain names to NVSC for re-sale. A screenshot of this article
`
`is attached to this complaint as Exhibit 7.
`
`l3
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 14 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 14 of 41
`
`d.
`
`In September 2015, TheDomains.com reported that an
`
`unexpired domain name had been moved from a registrant’s
`
`Network Solutions account to privacy protection, then
`
`registered to NVSC, and then auctioned for sale for $36,100. A
`
`screenshot of this report is attached to this complaint as Exhibit
`
`8.
`
`e.
`
`In a follow up article from December 2016 on dotWeekly titled
`
`Network Solutions Takes Customers Valid Domain, Holds It
`
`Hostage, the publication reported that the “expired domains
`
`always fit a pattern. Expire, go under privacy, come out and
`
`appear in whois as New Ventures Services Corp.” This article
`
`documents in detail a situation in which Network Solutions had
`
`wrongly transferred an unexpired domain name to NVSC,
`
`which then demanded payment from the rightful registrant for
`
`its return. A screenshot of this article is attached to this
`
`complaint as Exhibit 9.
`
`f.
`
`In December 2017, on a NamePros.com post titled Network
`
`Solutions - New Ventures Services Corp Stole My Domain, a
`
`domain name registrant reported that NVSC had demanded
`
`$8,000 to return an unexpired domain name registration that
`
`14
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 15 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 15 of 41
`
`Network Solutions had transferred to NVSC, even though the
`
`registrant had paid for a lengthy registration period. The
`
`registrant had originally paid $13,500 for the domain. A
`
`screenshot of this report is attached to this complaint as Exhibit
`
`10.
`
`g.
`
`In February 2018, again on NamePros.com in a post titled I
`
`bought DomainNames. com from NetworkSolutions, but they
`
`took it back, another domain name registrant reported that
`
`Network Solutions and NVSC had colluded to deprive him of
`
`the registration of a properly-purchased domain name. A
`
`screenshot of this report is attached to this complaint as Exhibit
`
`1 1.
`
`38.
`
`On information and belief, NVSC and Web.com are closely
`
`connected. NVSC shares or shared many of Web.com’s customer-facing
`
`resources, including: (a) NVSC’s website contains a link to Web.com’s help page
`
`and (b) phone numbers connected to NVSC lead to an automated message
`
`directing callers to Web.com’s help page.
`
`39.
`
`In addition, Web.com’s in—house legal counsel has represented NVSC
`
`in multiple legal proceedings, including (a) at least two Uniform Domain-Name
`
`15
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 16 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 16 of 41
`
`Dispute-Resolution Policy1 (“UDRP”) cases in which NVSC was ordered to
`
`transfer domain names that infringed third parties” trademark rights and (b) a
`
`cybersquatting and trademark infringement lawsuit in federal district court in
`
`which Web.com and NVSC were both named as defendants, Showa Glove, Co. v.
`
`Web.com Group, Inc, et al., No. 3:18—CV-00383—TJC—JBT (MD. Fla).
`
`40. As a consequence of its business of registering, trafficking in, and
`
`using trademark-based domain names, working closely with Web.com and
`
`affiliated subsidiaries, NVSC has been found to have violated the UDRP by
`
`registering and using domain names that Violate a third party’s trademark rights
`
`with a bad faith intent to profit. In each of more than 30 published decisions, a
`
`UDRP arbitration panel ordered domain names to be transferred from NVSC to the
`
`rightful third-party trademark owner.
`
`2.
`
`NVSC Registers Infringing Domain Names with a Bad Faith
`Intent to Profit
`
`41. As of March 29, 2021, NVSC registered, trafficked in, and/or used at
`
`least the following 74 Infringing Domain Names that are identical or confusingly
`
`similar to Plaintiffs’ Trademarks:
`
`
`Domain Names that Infringe the Facebook Trademarks
`
` facebookbusinessleads.com
`
`
`
`
`
`faceebbokcom
`
`
`
`1 The UDRP is an arbitration procedure mandated by the registration agreements
`for many top level domains.
`
`16
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 17 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 17 of 41
`
`
`
`facebbock.com
`
`faceeboock.com
`
`faceboocnet
`
`facebookednet
`
`facebppook.com
`
`fbooki.com
`
`hcvfacebook.com
`
`krzfacebook.com
`
`
`
`
`
`facedebook.com
`Winkactionphoto-faceb00k.com
`
`
`
`
`
`
`Domain Names that Infringe the Instagram Trademarks
`
`
` hacksdoinsta.com
`
`instagrambypass.com
`
`helps-instagram.com
`
`instagram—login.com
`
`9instagram.com
`
`captionsforinsta.com
`
`ezinstafollowers.com
`
`httpinstagram.com
`
`instafollowers.info
`
`instafollower98.com
`
`instafollowerhits.com
`
`instafollowerlikes.com
`
`instagram-money—maker.com
`
`instagrammonster.com
`
`instagram-online.com
`
`instagrampawrentspalooza.com
`
`instagramphotography.com
`
`instagramservers.com
`
`instagramsor.com
`
`instagramtag.com
`
`instagramtakipcikazan.net
`
`instagramtweet.com
`
`legal-instagram.com
`
`mafiainstagram.com
`
`
`
`17
`
`
`
`miinstagram.com
`instagram-bio.com
`
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 18 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 18 of 41
`
`
`
`instagram-computer.com
`
`plusinstagram.com
`
`instagramedu.com
`
`instagramforinsurance.com
`
`instagramhammer.com
`
`instagramhd.com
`
`instagramhelping.com
`
`instagramheroes.com
`
`popinstagram.com
`
`reportinstagram.com
`
`real-insta-followers.com
`
`robotinstagram.com
`
`taginstagram.com
`
`the-instagram.com
`
`unblockinstagram.com
`instagramhub.com
`
`
`
`
`Domain Names that Infringe the WhatsApp Trademarks
`
`
`
` hackearwhatsapp.com
`
`
`
`
`
`
`
`installwhatsapps.com
`
`whatsapp-help.com
`
`hawhatsapp.com
`
`multi—whatsapp.com
`
`whatsap—beta.com
`
`whatsapp8.com
`
`whatsappforpc.com
`
`whatsapphouse.com
`
`whatsappin.com
`
`whatsappintemet.com
`
`whatsappmax.com
`
`whatsapppromotion.com
`
`whatsappsecrets.com
`
`whatsappsms.com
`
`whatsappsoft.com
`
`whatsapp-tools.com
`
`world-whatsapp.com
`
`18
`
`yoyowhatsapp.com
`whatsappid.com
`
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 19 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 19 of 41
`
`42.
`
`Plaintiffs’ Trademarks were famous or distinctive when NVSC
`
`registered the Infringing Domain Names.
`
`43.
`
`The Infringing Domain Names either incorporate Plaintiffs’
`
`Trademarks or are confusingly similar misspellings of Plaintiffs’ Trademarks. For
`
`example, facebookednet, instagrambypasscom, and hackearwhatsappcom all
`
`incorporate identical versions of one of Plaintiffs’ Trademarks and facebooc.net is
`
`a common and confusingly similar typographical misspelling of the Facebook
`
`Trademarks.
`
`44.
`
`In addition, many of the Infringing Domain Names use one of
`
`Plaintiffs’ Trademarks (or a confusingly similar variation thereof) juxtaposed to a
`
`generic term commonly used in connection with the goods and/or services
`
`associated with Plaintiffs’ businesses, such as winkactionphoto-facebook.com,
`
`instagram-logincom, and installwhatsappscom. Other Infringing Domain Names
`
`also use Plaintiffs’ Trademarks with other non-differentiators such as articles (e. g.,
`
`the-instagram.com) or basic terms (e. g., whatsapp-tools.com).
`
`45.
`
`For all Infringing Domain Names, NVSC is listed as the registrant
`
`organization, and all but one of the Infringing Domain Names list a Post Office
`
`box located in Drums, Pennsylvania, United States. A copy of WHOIS data for
`
`each of the Infringing Domain Names is attached to this complaint as Exhibit 12.
`
`19
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 20 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 20 of 41
`
`3.
`
`NVSC Traffics in Infringing Domain Names with a Bad Faith
`Intent to Profit
`
`46. NVSC also traffics in the Infringing Domain Names by offering 67 of
`
`the 74 Infringing Domain Names for sale.
`
`47.
`
`Some of the Infringing Domain Names’ WHOIS data lists the
`
`“Registrant Name,” “Admin Name,” and/or “Tech Name” as “THIS DOMAIN
`
`MAY BE FOR SALE AT HTTPS://WWW.NETWORKSOLUTIONS.COM.”
`
`Network Solutions is also often listed as the sponsoring registrar for the Infringing
`
`Domain Names. Again, for all Infringing Domain Names, NVSC is listed as the
`
`registrant organization.
`
`48.
`
`On information and belief, Network Solutions facilitates and collects
`
`payments related to the sale of domain names by NVSC, including by providing
`
`customer support services. Network Solutions customer support personnel have
`
`represented to consumers that NVSC and Network Solutions are related
`
`companies.
`
`49. Many of the Associated Websites state that the particular Infringing
`
`Domain Name “may be for sale,” and that the Internet user can click on a link to
`
`inquire further. For example, as shown below, the Associated Website for the
`
`Infringing Domain Name whatsappid.com had a yellow banner across the top
`
`20
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 21 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 21 of 41
`
`stating “The domain Whatsappid.com may be for sale”:
`
`The domain whatsappidcom may be for sale. Please click here to inquire
`
`Whatsappid.com
`
`‘
`
`Related Searches:
`
`>
`
`WhatsApp Messenger
`Download
`
`Free Text Messaging
`
`whatsApp For Nokia
`
`Free Text Messaging
`
`Best Messaging Applications
`
`iPhone Text App
`
`Messenger for Windows
`
`Latest Smartphone
`Applications
`
`whatsApp Messenger Download WhatsApp For Nokia
`
`50.
`
`If an Internet user clicks on the link in the banner at the top of the
`
`Associated Website for the Infringing Domain Name Whatsappid.com, a Network
`
`Solutions landing page appears stating that the Infringing Domain Name
`
`Whatsappid.com is not available, but offering to sell other domain names that
`
`incorporate Plaintiffs’ Trademarks or confusingly similar variations thereon.
`
`21
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 22 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 22 of 41
`
`network
`solutions
`
`I.
`
`.
`
`9
`
`g
`
`9 ,
`
`.
`
`RENEW SERVI [ES
`
`_
`
`iii-"CH
`
`whatsappid
`
`.net
`
`.org
`
`.lnf;
`
`.biz
`
`.ca
`
`n n m n
`
`-‘-"-n"..'ur=;-Ir: " -'
`
`-'
`
`'-
`
`:_:-:ur..r.u_'n_c:‘r- 22-9-3200 -_-.“-e -':
`
`'-'-.--':'I
`
`Only show me:
`
`Domains you mlghl like
`
`
`
`51.
`
`Some of the Infringing Domain Names resolve to Associated
`
`Websites that explicitly state that the Internet user can “Buy this domain.” For
`
`example, as shown below, the Associated Website for the Infringing Domain
`
`Name facebppookcom had an orange banner across the top stating “Buy this
`
`domain”:
`
`22
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 23 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 23 of 41
`
`Buy this 60min.
`
`Online Playing Games
`
`Video Game
`
`chebook Privacy Change
`
`Free Business Email Account
`
`Order Meals Delivered
`
`52.
`
`If an Internet user clicks on the link in the banner at the top of the
`
`Associated Website for the Infringing Domain Name facebppook.com, a Network
`
`Solutions landing page appears offering to sell the Infringing Domain Name
`
`facebppook.com for $300.
`
`23
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 24 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 24 of 41
`
`x
`
`13
`
`i wmmolunonsmm-‘rlm-I-M'=.‘--='r---'+-'.--.=‘.r1‘---"--'|1-e'|'----'don-u1-nIn-r-mw-h-<;-,-.-".s_-'r-':-‘.-.'--'I 1L":c‘e-"51-1“‘-"'R“l£".¢<?3fitl-'.'I'II“Tu'ir'ii
`
`fir
`
`D G h . E
`
`network
`SCI thiDmS
`
`.-
`
`'
`
`t'
`
`-_
`
`a
`
`.-
`
`,
`
`I!
`
`..
`
`o '
`
`.
`
`RENEW S'EIMEES
`
`Don't SEEtIE. Get the domain you want.
`
`facehppunkxorn
`in: a Jim-ital pain;- ul' SSDODD‘
`
`Mow n-ptmasmmw amt-10m“
`
`_-”_.
`
`r:.r:!_:|
`
`53.
`
`NVSC’S website, using the domain name newvcorpcom, featured an
`
`online form to contact NVSC, pictured below:
`
`24
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 25 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 25 of 41
`
`. VENTURE ~
`
`Email: admin@newvcorp.com
`
`0 Home
`
`O Confstls
`0 Privacy Policy
`
`Contact US
`Domain Name'
`
`Did you previously own this domain?’
`'V'Yes
`'.'No
`
`Name
`Firsl Name‘
`EmailAddress'
`
`I Last Name'
`
`Phone Number (including area or country coda-Y
`
`Subject“
`
`Message"
`
`Submit
`Please complete lhe form below to contacl us with regards to one or more of our premium domains. We
`will review olfers of $500 USD or more.
`
`A
`
`54.
`
`Consistent with NVSC’s business of registering domain names
`
`recently registered by third parties, the NVSC form asks whether the individual
`
`filling out the form is the “previous[]” owner of the domain. Consistent with
`
`NVSC’s business of selling trademark-based domain names for profit, the form
`
`also states that, “with regards to one or more of our premium domains .
`
`.
`
`. [w]e
`
`[NVSC] will review offers of $500 USD or more,” which is far more than the cost
`
`of the registration. A screenshot of this form is also attached to this complaint as
`
`Exhibit 13.
`
`25
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 26 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 26 of 41
`
`55.
`
`The domain name associated with this form, newvcorp.com, has been
`
`registered to Perfect Privacy, and the sponsoring registrar was Register.com.
`
`According to Perfect Privacy’s website, Perfect Privacy is a “Web.com Company,”
`
`and “Perfect Privacy® is a registered trademark of Web.com Group, Inc.” A
`
`screenshot of Perfect Privacy’s website is attached to this complaint as Exhibit 14.
`
`According to Web.com’s 2017 SEC Form 10-K Exhibit 21.1, Register.com is a
`
`subsidiary of Web.com. Newvcorp.com is currently registered to NVSC, listing
`
`the Drums, Pennsylvania Post Office Box as its address. Copies of the WHOIS
`
`data for newvcorp.com during Perfect Privacy’s registration and the current
`
`WHOIS data are attached to this complaint as Exhibit 15.
`
`56.
`
`Between 2013 and 2017, NVSC published lists of tens of thousands of
`
`domain names available for sale on the domain name sales page of its website.
`
`Numerous domain names published on these lists incorporate Plaintiffs’
`
`Trademarks or terms that are confusingly similar to Plaintiffs’ Trademarks,
`
`including facebookonlinenet, instagramfeed.com, and whatsappscom. Some of
`
`the Infringing Domain Names that NVSC still owns appeared on these lists.
`
`57.
`
`On information and belief, NVSC works in concert with other
`
`Web.com-related entities to transfer domain name registrations between these
`
`related entities. For example, the domain name ak-instagram.com was passed back
`
`and forth between NVSC and Perfect Privacy at least twice between 2014 and
`
`26
`
`
`
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 27 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 27 of 41
`
`2016. Similarly, the domain jamesholmesfacebook.com was transferred from
`
`NVSC to Perfect
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
