State Farm Mutual Automobile Insurance Company v. RegC / Troy Moser
Claim Number: FA1904001840198
Complainant is State Farm Mutual Automobile Insurance Company (“Complainant”), represented by Nathan Vermillion of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is RegC / Troy Moser (“Respondent”), Arizona, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <statefarmstadiumevents.com>, registered with 1&1 IONOS SE.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Hon. Karl v. Fink (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on April 23, 2019; the Forum received payment on April 23, 2019.
On May 1, 2019, 1&1 IONOS SE confirmed by e-mail to the Forum that the <statefarmstadiumevents.com> domain name is registered with 1&1 IONOS SE and that Respondent is the current registrant of the name. 1&1 IONOS SE has verified that Respondent is bound by the 1&1 IONOS SE registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On May 7, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 28, 2019 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@statefarmstadiumevents.com. Also on May 7, 2019, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On May 29, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Hon. Karl V. Fink (Ret.) as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant, State Farm Mutual Automobile Insurance Company, uses its mark STATE FARM in connection with insurance and financial services. Complainant has rights in the STATE FARM mark based on registration with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. No. 5,271,354, registered Aug. 22, 2017). Respondent’s <statefarmstadiumevents.com> domain name is confusingly similar to Complainant’s STATE FARM mark.
Respondent has no rights or legitimate interests in the <statefarmstadiumevents.com> domain name. Respondent is not commonly known by the disputed domain name, nor has Complainant authorized Respondent to use the STATE FARM mark for any purpose. Further, Respondent registered the domain name to create initial interest confusion for individuals looking for information about Complainant.
Respondent registered and is using the <statefarmstadiumevents.com> domain name in bad faith. Respondent intentionally seeks to attract Internet users to its website by creating a likelihood of confusion with Complainant’s marks as to the source, sponsorship, affiliation, or endorsement of Respondent’s click-through website. Further, Respondent currently fails to make any use of the domain name. Additionally, Respondent had actual and/or constructive knowledge of Complainant’s rights in the STATE FARM mark prior to registering the disputed domain name given Complainant’s use of the <statefarm.com> domain name since 1995.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Preliminary Issue: Consent to Transfer
Respondent consents to the transfer of <statefarmstadiumevents.com> to Complainant. The Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the disputed domain name to Complainant, the Panel will forego the traditional UDRP analysis and order an immediate transfer of <statefarmstadiumevents.com>. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
DECISION
The Respondent consented to the transfer of the <statefarmstadiumevents.com> domain name. The Panel concludes that relief shall be GRANTED.
Accordingly, it is ORDERED that the <statefarmstadiumevents.com>domain name be TRANSFERRED from Respondent to Complainant.
Hon. Karl V. Fink (Ret.) Panelist
Dated: June 3, 2019
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