WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Samaritan’s Purse v. Domains By Proxy, LLC / Christopher Orientale NA
Case No. D2019-2403
1. The Parties
The Complainant is Samaritan’s Purse, United States of America (“United States”), internally represented.
The Respondent is Domains By Proxy, LLC, United States / Christopher Orientale NA, United States.
2. The Domain Name and Registrar
The disputed domain name <samarritanspurse.org> is registered with Wild West Domains, LLC (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 3, 2019. On October 3, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 5, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on October 7, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on October 9, 2019.
The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 10, 2019. In accordance with the Rules, paragraph 5, the due date for Response was October 30, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 31, 2019.
The Center appointed Evan D. Brown as the sole panelist in this matter on November 5, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
The Complainant is a charitable organization involved in activities around the globe. It owns the mark SAMARITAN’S PURSE, which is the subject of United States Reg. No. 1594541, registered on May 1, 1990, having been in use for almost fifty years – at least as early as February 23, 1970. The Respondent registered the disputed domain name on July 20, 2019 and has not used the disputed domain name to establish a website, but has used it to set up an email address that has been used in a fraudulent scheme to impersonate the Complainant and solicit funds.
5. Parties’ Contentions
The Complainant contends that the disputed domain name is identical or confusingly similar to the Complainant’s trademark; that the Respondent has no rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
To succeed, the Complainant must demonstrate that all of the elements listed in paragraph 4(a) of the Policy have been satisfied:
(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) the disputed domain name has been registered and is being used in bad faith.
The Panel finds that all three of these elements have been met in this case.
A. Identical or Confusingly Similar
The Panel finds that the disputed domain name is confusingly similar to a trademark in which the Complainant has rights. SAMARITAN’S PURSE is a well-known trademark, being the mark used to identify the source of charity work around the globe for almost a half century. The Complainant owns trademark registrations for the SAMARITAN’S PURSE mark that predate the registration of the disputed domain name. The disputed domain name incorporates the Complainant’s mark in its entirety, except that it is a slight misspelling of the trademark – an example of “typo-squatting”. This establishes confusing similarity. “Domain names which constitute typo-squatting are confusingly similar by definition; it is this similarity which makes them attractive.” Dell Computer Corp. v. Clinical Evaluations, WIPO Case No. D2002-0423.
B. Rights or Legitimate Interests
The Panel evaluates this element of the Policy by first looking to see whether the Complainant has made a prima facie showing that the Respondent lacks rights or legitimate interests in respect of the disputed domain name. If the Complainant makes that showing, the burden of demonstrating rights or legitimate interests shifts to the Respondent.
The Complainant has made a prima facie showing that the Respondent lacks rights or legitimate interests in respect of the disputed domain name. By failing to respond to the Complaint, the Respondent did not overcome its burden of demonstrating rights or legitimate interests, and no other facts in the record tip the balance in the Respondent’s favor.
Paragraph 4(c) of the Policy instructs respondents on a number of ways they could demonstrate rights or legitimate interests (“you” and “your” in the following refers to the particular respondent):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
In this case, the principal indicator of the lack of rights or legitimate interests comes from the alleged nature of the Respondent’s use of the disputed domain name to generate fraudulent email. See Regeneron Pharmaceuticals, Inc. v. Nikki Dockum, Tred, WIPO Case No. D2018-0155; Syngenta Participations AG v. Guillaume Texier, Gobain Ltd, WIPO Case No. D2017-1147 (registrant cannot acquire rights or legitimate interests by the use of a domain name as an email address from which to send phishing emails).
Accordingly, the Respondent does not have any rights or legitimate interests in regard to the disputed domain name.
C. Registered and Used in Bad Faith
The Policy requires the Complainant to establish that the disputed domain name was registered and is being used in bad faith. Based on the available record, the Panel finds that the Respondent registered and is using the disputed domain name in bad faith. Using the disputed domain name to send fraudulent email is a strong example of bad faith under the Policy.
Accordingly, the Complainant has satisfied this third element of the Policy.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <samarritanspurse.org> be transferred to the Complainant.
Evan D. Brown
Date: November 19, 2019