State Farm Mutual Automobile Insurance Company v. Jon Morgan
Claim Number: FA1701001711893
Complainant is State Farm Mutual Automobile Insurance Company ("Complainant"), represented by Sherri Dunbar of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is Jon Morgan ("Respondent"), Missouri, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <statefarmpromogear.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 January 11, 2017; the Forum received payment on January 11, 2017.
On January 12, 2017, GoDaddy.com, LLC confirmed by email to the Forum that the <statefarmpromogear.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 January 13, 2017, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 2, 2017 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@statefarmpromogear.com. Also on January 13, 2017, 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.
A timely Response was received and determined to be complete on January 17, 2017.
On January 25, 2017, 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.
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. Complainant's marks registered in the United States include STATE FARM (registered in 1996), STATE FARM INSURANCE (registered in 1979), and others.
Respondent registered the disputed domain name <statefarmpromogear.com> in March 2016. Complainant contends that the disputed domain name is confusingly similar to Complainant's STATE FARM and related marks; that Respondent has no rights or legitimate interests in the disputed domain name; and that the domain name was registered and is being used in bad faith. In support thereof, Complainant states that it has no association with Respondent, that it has not authorized Respondent to use its mark, and that Respondent has never been known by the domain name. Complainant contacted Respondent on multiple occasions to request a transfer of the domain name, beginning a few days after its initial registration, but did not receive any response. The domain name resolves to a page that states "website coming soon," with no other content.
B. Respondent
Respondent requests that the disputed domain name be transferred to Complainant.
In light of Respondent's consent to transfer the disputed domain name, the Panel finds that Complainant is entitled to the requested transfer.
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.
Where a Respondent unilaterally consents to transfer a domain name in a proceeding under the Policy, the Panel may forego analyzing the elements set forth in the Policy and simply order a transfer of the domain name. However, where the consent to transfer is itself offered in bad faith (for example, to permit a serial cybersquatter to avoid having adverse findings entered against it), the Panel may proceed with the traditional analysis notwithstanding the Respondent's request. See EMVCO, LLC c/o Visa Holdings v. Gary Deroos, FA 1637575 (Forum Oct. 14, 2015).
The Panel here considers it appropriate to award the relief requested by Complainant and consented to by Respondent in the interest of efficiency and expedience. The Panel therefore concludes, solely for purposes of this proceeding and without analyzing the specific requirements set forth in Paragraph 4(a) of the Policy, that Complainant has met its burden of proving these requirements and is entitled to the relief it seeks.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <statefarmpromogear.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: January 26, 2017
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