State Farm Mutual Automobile Insurance Company v. Carolina Rodrigues / Fundacion Comercio Electronico
Claim Number: FA1911001870141
Complainant is State Farm Mutual Automobile Insurance Company ("Complainant"), represented by Nathan Vermillion of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is Carolina Rodrigues / Fundacion Comercio Electronico ("Respondent"), Panama.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <sytatefarm.com>, registered with GoDaddy.com, LLC.
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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the Forum electronically on November 7, 2019; the Forum received payment on November 7, 2019.
On November 8, 2019, GoDaddy.com, LLC confirmed by email to the Forum that the <sytatefarm.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 November 8, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 29, 2019 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@sytatefarm.com. Also on November 8, 2019, the Written Notice of the Complaint, notifying Respondent of the email 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 December 3, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin 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 is a nationally known company engaged in the insurance and financial services industries. Complainant began using the STATE FARM mark in 1930, and owns longstanding U.S. trademark registrations for STATE FARM and related marks.
The disputed domain name <sytatefarm.com> was registered via a privacy registration service in July 2019. According to Complainant, the domain name has been used to display a parked page containing links to competing services, and to redirect Internet users to Complainant's own website. (Complainant did not provide a screenshot or any information about the parked page. The domain name currently displays an interstitial advertisement before redirecting to Complainant's website.) Respondent has not responded to Complainant's communication attempts. Complainant states that Respondent is not commonly known by the disputed domain name; that Respondent is not associated with, affiliated with, or sponsored by Complainant; and that Complainant has not authorized Respondent to register the disputed domain name or to use Complainant's mark for Respondent's business purposes.
Complainant contends on the above grounds that the disputed domain name <sytatefarm.com> is confusingly similar to its STATE FARM mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a), and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
The disputed domain name <sytatefarm.com> incorporates Complainant's registered STATE FARM trademark, omitting the space and adding a letter "Y" and the ".com" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., State Farm Mutual Automobile Insurance Co. v. Super Privacy Service LTD c/o Dynadot, FA 1869512 (Forum Nov. 29, 2019) (finding <jstatefarm.com> confusingly similar to STATE FARM); State Farm Mutual Automobile Insurance Co. v. Gaolei / Gao Lei, FA 1846172 (Forum July 11, 2019) (finding <statefa4m.com> confusingly similar to STATE FARM); GAP INC & its subsidiary, OLD NAVY (APPAREL), LLC v. Admin Domain / Above.com Domain Privacy, FA 1557188 (Forum June 9, 2014) (finding <oldnavyy.com> confusingly similar to OLD NAVY); Shutterfly.com, Inc. v. Domain Administration Ltd. c/o David Halstead, FA 1140702 (Forum Mar. 14, 2008) (finding <shutteryfly.com> confusingly similar to SHUTTERFLY). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain name incorporates Complainant's registered mark without authorization. It has been used to display what the Panel presumes to be pay-per-click links, and to redirect to Complainant's own website. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., GAP INC & its subsidiary, OLD NAVY (APPAREL), LLC v. Admin Domain / Above.com Domain Privacy, supra (finding lack of rights or interests where domain name was used to display links to competitors of complainant); Shutterfly.com, Inc. v. Domain Administration Ltd. c/o David Halstead, supra (same); HDR Global Trading Ltd. v. \uc18c\ubbfc \ucd5c, FA 1829914 (Forum Mar. 15, 2019) (finding lack of rights or interests where domain name was used to redirect users to complainant's website).
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."
Respondent used a privacy registration service to register a domain name that corresponds to a typographical variation on Complainant's mark, and is using the domain name to direct Internet users to competitors of Complainant, presumably for Respondent's commercial gain. Such conduct is indicative of bad faith under paragraphs 4(b)(iii) and 4(b)(iv). See, e.g., Transamerica Corp. v. Carolina Rodrigues / Fundacion Comercio Electronico, FA 1798316 (Forum Aug. 20, 2018) (finding bad faith registration and use under similar circumstances, and noting that Complainant has been found in prior proceedings to be a "serial cyber-squatter" who has engaged in a pattern of registering domain names in bad faith).
The Panel finds that the disputed domain name was registered and is being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <sytatefarm.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: December 4, 2019
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