DECISION

 

Alliance Member Services, Inc. v. Na Nam

Claim Number: FA2412002132469

 

PARTIES

Complainant is Alliance Member Services, Inc. ("Complainant"), represented by Fred Harrington of Alliance Member Services, Inc., California, USA. Respondent is Na Nam ("Respondent"), Canada.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <insurancesfornonprofits.org> ('the Domain Name'), registered with NameSilo, LLC.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Dawn Osborne as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on December 27, 2024; Forum received payment on December 27, 2024.

 

On January 2, 2025, NameSilo, LLC confirmed by e-mail to Forum that the <insurancesfornonprofits.org> Domain Name is registered with NameSilo, LLC and that Respondent is the current registrant of the name. NameSilo, LLC has verified that Respondent is bound by the NameSilo, 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 3, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 23, 2025 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@insurancesfornonprofits.org. Also on January 3, 2025, 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, Forum transmitted to the parties a Notification of Respondent Default.

 

On January 24, 2025 pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Dawn Osborne as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the Domain Name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

The Complainant is the owner of the trade mark INSURANCEFORNONPROFITS.ORG (device mark) registered in the USA for insurance services since 2023 with first use recorded as 2022.

 

The Domain Name registered in 2024 is confusingly similar to the dominant word element of the Complainant's mark adding only a letter 's' which does not prevent  confusing similarity.

 

The Respondent does not have rights or legitimate rights in the Domain Name, is not commonly known by it and has not been authorised by the Complainant.

 

The Domain Name does not currently point to an active site having been deactivating for phishing, but has been used for a fraudulent email scheme impersonating the Complainant mimicking the format of the Complainant's emails including its logo, phone numbers related to the Complainant or associated organisations of the Complainant, the name of one of its employees and multiple other email sign off details. This is not a bona fide offering of goods or services or a legitimate non commercial or fair use. It is registration and use in deceptive bad faith disrupting the Complainant's business.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

The Complainant is the owner of the trade mark INSURANCEFORNONPROFITS.ORG (device mark) registered in the USA for insurance services since 2023 with first use recorded as 2022.

 

The Domain Name registered in 2024 has been used for a fraudulent email scheme impersonating the Complainant mimicking the format of the Complainant's emails including its logo, phone numbers related to the Complainant or associated organisations of the Complainant, the name of one of its employees and multiple other email sign off details.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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 Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint").

 

Identical and/or Confusingly Similar

The Domain Name consists of the dominant word elements of the Complainant's INSURANCEFORNONPROFITS.ORG mark (registered in the USA for insurance services since 2023 with first use recorded as 2022) and the letter 's'.

 

The Panel agrees that the addition of a single letter 's' does not prevent confusing similarity between the Domain Name and the Complainant's trade mark pursuant to the Policy. See Twitch Interactive, Inc. v Antonio Teggi, FA 1626528 (Forum Aug 3, 2015) (finding that twitcch.tv is confusingly similar to the TWITCH TV trade mark because the domain name merely added the letter 'c'). 

 

Accordingly, the Panel holds that the Domain Name is confusingly similar for the purpose of the Policy to a mark in which the Complainant has rights.

 

As such the Panel holds that Paragraph 4(a)(i) of the Policy has been satisfied.

 

Rights or Legitimate Interests

The Complainant has not authorised the use of its mark. The Respondent has not answered this Complaint and there is no evidence or reason to suggest the Respondent is, in fact, commonly known by the Domain Name. See Alaska Air Group, Inc. and its subsidiary, Alaska Airlines v. Song Bin, FA 1574905 (Forum Sept. 17, 2014) (holding that the respondent was not commonly known by the disputed domain name as demonstrated by the WHOIS information and based on the fact that the complainant had not licensed or authorized the respondent to use its ALASKA AIRLINES mark).

 

The Domain Name has been used in a fraudulent email scheme. This is deceptive and confusing. As such it cannot amount to the bona fide offering of goods and services or a legitimate non commercial or fair use. (See DaVita Inc. v Cynthia Rochelo, FA 1738034 (Forum July 20, 2017) finding that 'Passing off in furtherance of a fraudulent scheme is not considered a bona fide offering of goods or services or legitimate non commercial or fair use.').

 

The Domain Name also appears to be intended to be a typosquatting registration merely adding an additional 's' to the Complainant's mark and domain name. Typosquatting is also an indication of a lack of rights or a legitimate interests. See Chegg Inc. v. yang qijin, FA 1610050 (Forum Apr. 23, 2015) ("Users might mistakenly reach Respondent's resolving website by misspelling Complainant's mark. Taking advantage of Internet users' typographical errors, known as typosquatting, demonstrates a respondent's lack of rights or legitimate interests under Policy ¶ 4(a)(ii).").

 

The Respondent has not answered this Complaint or rebutted the prima facie case evidenced by the Complainant herein.

 

As such the Panelist finds that the Respondent does not have rights or legitimate interests in the Domain Name and that the Complainant has satisfied the second limb of the Policy.

 

Registration and Use in Bad Faith

Impersonating a complainant by use of a complainant's mark in a fraudulent phishing attempt is disruptive and evinces bad faith registration and use and actual knowledge of the Complainant. See Microsoft Corporation v Terrence Green/ Whois Agent/Whois Privacy Protection Service, Inc., FA 1661030 (Forum Apr. 4, 2016) (finding that respondent's use of the disputed domain name to send fraudulent emails constituted bad faith registration and use pursuant to Policy 4(b)(iii).) The mimicking of the format of the Complainant's emails including its logo, phone numbers related to the Complainant or associated organisations of the Complainant, the name of one of its employees and email sign off details shows the Respondent has actual knowledge of the Complainant and its rights and business.

 

Typosquatting itself is evidence of relevant bad faith registration and use and shows actual knowledge of the Complainant. See Cost Plus Management Services, Inc. v. xushuaiwei, FA 1800036 (Forum Sept. 7, 2018) ("Typosquatting itself is evidence of relevant bad faith registration and use.").

 

As such, the Panelist believes that the Complainant has made out its case that the Domain Name was registered and used in bad faith and has satisfied the third limb of the Policy under paragraph 4(b)(iii).

 

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <insurancesfornonprofits.org> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Dawn Osborne, Panelist

Dated: January 24, 2025