throbber
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 2 of 41
`Case 3:21-cv-00697-MEM Document 1 Filed 04/15/21 Page 2 of 41
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`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
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`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
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`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
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`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
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`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
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`IV.
`
`FACTS
`
`A.
`
`Plaintiffs and their Trademarks
`
`1.
`
`Facebook
`
`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
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`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.
`
`Instagram
`
`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
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`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
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`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
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`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
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`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
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`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
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`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
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`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
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`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
`
`

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`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
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`
`
`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

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