Zoetis Inc. and Zoetis Services LLC v. Barry Saunders
Claim Number: FA1808001801882
Complainant is Zoetis Inc. and Zoetis Services LLC (“Complainant”), represented by Laura J. Winston of Kim Winston LLP, New York, USA. Respondent is Barry Saunders (“Respondent”), represented by Marci Tuten of Sonoco, South Carolina, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <zoetisinc.net>, registered with NameCheap, Inc.
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.
Daniel B. Banks, Jr., as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 17, 2018; the Forum received payment on August 17, 2018.
On August 17, 2018, NameCheap, Inc. confirmed by e-mail to the Forum that the <zoetisinc.net> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 August 20, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 10, 2018 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@zoetisinc.net. Also on August 20, 2018, 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.
A timely Response was received and determined to be complete on August 28, 2018.
On August 29, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Daniel B. Banks, Jr., 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 global research-based company and the largest such company focusing only on animal health. Complainant has rights in the ZOETIS mark through its trademark registrations with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 4,809,065, registered Sep. 8, 2015). See Compl. Annex B. Respondent’s <zoetisinc.net> domain name is virtually identical to Complainant’s ZOETIS mark as Respondent merely adds the suffix “inc” to the fully-incorporated mark.
Respondent has no rights or legitimate interests in the <zoetisinc.net> domain name. Respondent is not authorized or licensed to use Complainant’s ZOETIS mark and is not commonly known by the disputed domain name. Additionally, Respondent is not using the disputed domain name for a bona fide offering of goods or services or a legitimate noncommercial or fair use. Rather, Respondent’s disputed domain name resolves to an inactive, parked page. Further, Respondent uses an email address associated with the disputed domain name to conduct a phishing scheme.
Respondent registered and uses the <zoetisinc.net> domain name in bad faith. Respondent attempts to disrupt Complainant’s business and attract, for commercial gain, users through an email address associated with the disputed domain name in furtherance of phishing. Respondent also fails to actively use the disputed domain name Furthermore, Respondent had actual knowledge of Complainant’s rights in the ZOETIS mark prior to registering the disputed domain name.
B. Respondent
Respondent claims that Barry Saunders is the CFO of Sonoco Products; that the address used to register the disputed domain name is the corporate address for Sonoco Products Company; that neither Mr. Saunders nor Sonoco purchased this registration; that they believe it was fraudulently obtained using Mr. Saunders name; that they were not aware of the existence of this domain until receiving Notice of Complaint; and, that they have no interest in this domain and consent to ownership being transferred to Zoetis as requested in the complaint.
DISCUSSION
PRELIMINARY ISSUE: Consent to Transfer
After considering the Respondent's assertion that he has no interests in the domain name and consents to the transfer to Complainant, the panel has decided to forego the traditional UDRP analysis and order the immediate transfer of the disputed domain name to Complainant. See Baylor University v. Andy Owens c/o 1800DIALWORD.COM, FA1509001638378 (Forum Oct. 26, 2015) (panel finding that since the "requests of the parties are identical...(it) has as 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 State Farm Mutual Automobile Insurance Company v. John Austin Tatum / TATUM INSURANCE, FA151100 1647380 (Forum Dec. 18, 2015) (wherein the Panel held that "where Respondent has not contested the transfer of the disputed domain names but instead agrees to transfer the domain name in question to Complainant, the Panel may forego the traditional UDRP analysis and order an immediate transfer of the <benjaminyoungstatefarm.com> domain name.").
In Converse Inc. and All Star C.V. v. Parisa Mazari, FA 1512001650796 (Forum December 31, 2015, where, as here, the Respondent claimed it's identify has been hijacked, and has no connection to or interest in the domain name or the website, the Panel held that it could forego the traditional analysis:
"Such an analysis is not necessary where Complainant has sought the transfer of the domain name, and Respondent has consented to the transfer of the domain name, as Respondent has done in the present case."
For the foregoing reasons, the Panel finds that Respondent has consented to the transfer of the disputed domain and that the disputed domain name be transferred to the Complainant.
Having found that the Respondent consents to the transfer of the disputed domain name to the Complainant, the Panel concludes that the requested relief shall be GRANTED.
Accordingly, it is Ordered that the <zoetisinc.net> domain name be TRANSFERRED from Respondent to Complainant.
Daniel B. Banks, Jr., Panelist
Dated: September 7, 2018
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