The TJX Companies, Inc. v. Privacy service provided by Withheld for Privacy ehf et al.
Claim Number: FA2111001973012
Complainant: The TJX Companies, Inc. of Framingham, Massachusetts, United States of America.
Complainant Representative:
Complainant Representative: FairWinds Partners LLC of Washington, District of Columbia, United States of America.
Respondent: Redacted for Privacy / Privacy service provided by Withheld for Privacy ehf of Reykjavik, Capital Region, International, IS.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.
Registrars: NameCheap, Inc.
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 Examiner in this proceeding.
James Bridgeman, as Examiner.
Complainant submitted: November 12, 2021
Commencement: November 12, 2021
Default Date: November 30, 2021
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The Complainant must show by clear and convincing evidence that the Respondent
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1] for which the Complainant holds a valid national or regional registration and that is in current use
2. Registrant has no legitimate right or interest to the domain name [URS/.usRS 1.2.6.2]
3. [if URS] The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3].
The Complainant has provided clear and convincing evidence, and this Examiner finds as a fact that the Complainant is the owner of United States registered service mark, TJX, registration number 2,1117,444, registered on the Principal Register on December 2, 1997 for services in international class 42; and United States registered service mark TJX, registered on the Principal Register on July 17, 2001 for services in international class 36; and uses the TJX mark in its financial services business.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended:
The Complainant, which holds the above valid national registrations for the TJX mark and has provided clear and convincing evidence that it uses the mark, has satisfied the above test as follows:
a. Identical or Confusingly Similar
The Complainant has provided clear and convincing evidence that the disputed domain name <jobs-tjx.online> is confusingly similar to the TJX mark in which the Complainant has said registered rights, because:
• The disputed domain name consists of the Complainant’s TJX mark, preceded by the word “jobs” and a hyphen and followed by the Generic Top Level Domain (“gTLD”) <.onlline>
• The Complainants’ TJX mark is the only distinctive element in the disputed domain name.
b. The Complainant has adduced clear and convincing evidence that the Respondent has no rights or legitimate interests in the disputed domain name because:
• The disputed domain name resolves to a fake job application page that asks users for personal information; the Complainant has adduced in evidence MX records associated with the disputed domain name allowing Respondent to use it for fraudulent emails;
• Respondent is not known by the name TJX or the <jobs-tjx.online> domain, it is not authorized to use the TJX mark;
• The Respondent does not own any trademark rights in the Mark.
• The content hosted at the website to which the disputed domain name resolves, is clearly commercial and it does not fit into any accepted definition of legitimate “fair use”.
• As the Complainant has made out a prima facie case that the Respondent has no rights or legitimate interests in the disputed domain name, the burden of production shifts to the Respondent who has failed to discharge the burden.
c. The Complainant has adduced clear and convincing evidence that the disputed domain name was registered and is being used in bad faith because:
The Respondent uses the Complainant’s TJX logo on its site and the other web content on its site without permission, impersonating the Complainant. This indicates that the Respondent can only have chosen the disputed domain name based upon its knowledge of Complainant’s own job application as there is no reasonable explanation as to why the disputed domain name was registered and is being used by the Respondent other than to take predatory advantage of the goodwill and reputation of the Complainant in the TJX mark; to use the disputed domain name to mislead Internet users to the Complainant’s website for the purpose of collecting personal data creating the false impression that the Respondent, the disputed domain name and the website to which it is annexed is connected with the Complainant and its business.
[Examiner: If you have independently found that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods, provide your findings and conclusions here. If not, please delete this subheading.]
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration:
<jobs-tjx.online>.
James Bridgeman, Examiner
Dated: November 30, 2021
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