The Toronto-Dominion Bank v. Gurvan Rottier-Ripoche / INULOGIC
Claim Number: FA1708001745344
Complainant is The Toronto-Dominion Bank (“Complainant”), represented by CSC Digital Brand Services AB, Sweden. Respondent is Gurvan Rottier-Ripoche / INULOGIC (“Respondent”), France.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <easywebtd-verify.com>, <online-tdcanadatrust.com>, <tdcanada.info>, <tdcanadatrusteasyweb-verify.com>, <tdeasyweb-verification.com>, <tdeasyweb-verify.com> and <tdverify-easyweb.com> registered with Gandi SAS.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Kenneth L. Port as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 18, 2017; the Forum received payment on August 18, 2017.
On August 24, 2017, Gandi SAS confirmed by e-mail to the Forum that the <easywebtd-verify.com>, <online-tdcanadatrust.com>, <tdcanada.info>, <tdcanadatrusteasyweb-verify.com>, <tdeasyweb-verification.com>, <tdeasyweb-verify.com> and <tdverify-easyweb.com> domain names are registered with Gandi SAS and that Respondent is the current registrant of the names. Gandi SAS has verified that Respondent is bound by the Gandi SAS 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 29, 2017, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 18, 2017 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@easywebtd-verify.com, postmaster@online-tdcanadatrust.com, postmaster@tdcanada.info, postmaster@tdcanadatrusteasyweb-verify.com, postmaster@tdeasyweb-verification.com, postmaster@tdeasyweb-verify.com, postmaster@tdverify-easyweb.com. Also on August 29, 2017, 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 September 22, 2017, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Kenneth L. Port 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 the second largest bank in Canada and the sixth largest in North America. Complainant uses the TD, EASY WEB, and CANADA TRUST marks (“TD marks”) in conjunction with its business practices. Complainant registered the TD mark with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 1,649,009, registered Aug. 4, 1989). Complainant also registered the TD mark with the European Union Intellectual Property Office (“EUIPO”) (e.g., Reg. No. 001942069, registered July 31, 2002). Complainant registered the TD, EASY WEB, and CANADA TRUST marks with the Canadian Intellectual Property Office (“CIPO”) (e.g., Reg. No. TMA 396,087, registered Mar. 20, 1992; Reg. No. TMA493469, registered Apr. 22, 1998; Reg. No. TMA409300, registered, Mar. 12, 1993, respectively). See Compl., at Attached Ex. A. Respondent’s disputed domain names are confusingly similar because they incorporate the TD marks in their entirety, combining the marks, adding the generic terms “verify,” “verification,” and “online,” the geographic term “Canada,” hyphens, and the “.com” or “.info” generic top level domains (“gTLDs”).
Respondent does not have rights or legitimate interests in <easywebtd-verify.com>, <online-tdcanadatrust.com>, <tdcanada.info>, <tdcanadatrusteasyweb-verify.com>, <tdeasyweb-verification.com>, <tdeasyweb-verify.com> and <tdverify-easyweb.com>. Respondent is not commonly known by the disputed domain names. Respondent has not made a bona fide offering of goods or services, or a legitimate non-commercial or fair use of the domains. Respondent’s domain names resolve to inactive pages that have messages indicating that the site cannot be reached or state “Deceptive site ahead.” See Compl., at Attached Ex. F.
Respondent registered and is using <easywebtd-verify.com>, <online-tdcanadatrust.com>, <tdcanada.info>, <tdcanadatrusteasyweb-verify.com>, <tdeasyweb-verification.com>, <tdeasyweb-verify.com> and <tdverify-easyweb.com> in bad faith. Respondent has a pattern of bad faith registrations through the practice of cybersquatting. Respondent has registered multiple domain names infringing on third-party marks. See Comp., at Attached H. Furthermore, Respondent has registered multiple disputed domain names using the TD marks, evincing a pattern of bad faith registration. The disputed domain names resolve to inactive webpages with no demonstrable intent to use the sites. See Compl., at Attached Ex. F. Respondent registered the disputed domain names with actual knowledge of Complainant and its rights to the TD marks.
B. Respondent
Respondent failed to submit a Response in this proceeding. Respondent registered <easywebtd-verify.com> and <tdcanadatrusteasyweb-verify.com> on January 20, 2017, <online-tdcanadatrust.com> on October 31, 2016, <tdcanada.info> on September 22, 2016, <tdeasyweb-verification.com> on January 19, 2017, <tdeasyweb-verify.com> and <tdverify-easyweb.com> on January 18, 2017. See Compl., at Attached Ex. E.
C. Additional Submissions
In a non-responsive Response, Respondent acquiesces to the transfer of the disputed domain names.
As Respondent has acquiesced to the transfer of the disputed domain names, the transfer is hereby ordered and a complete analysis using the three factors from the UDRP will be avoided.
Pursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence has been adduced by Complainant to suggest the likely possibility that the Respondent is conversant and proficient in the English language. After considering the circumstance of the present case, the Panel decides that the proceeding should be in English.
Having acquiesced to the transfer, the Panel concludes that relief shall be granted.
Accordingly, it is Ordered that the <easywebtd-verify.com>, <online-tdcanadatrust.com>, <tdcanada.info>, <tdcanadatrusteasyweb-verify.com>, <tdeasyweb-verification.com>, <tdeasyweb-verify.com> and <tdverify-easyweb.com> domain names be transferred from the Respondent to the Complainant.
Kenneth L. Port, Panelist
Dated: September 25, 2017
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