Hawaiian Airlines, Inc. v. Stefany Jones
Claim Number: FA2008001910350
Complainant is Hawaiian Airlines, Inc. (“Complainant”), represented by Christine Au-Yeung of Wilson Sonsini Goodrich & Rosati, California, USA. Respondent is Stefany Jones (“Respondent”), Pennsylvania, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <hawaiianairlines.info>, registered with GoDaddy.com, LLC.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Francine Siew Ling Tan as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 27, 2020; the Forum received payment on August 27, 2020.
On August 28, 2020, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <hawaiianairlines.info> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, 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 September 1, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 21, 2020 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@hawaiianairlines.info. Also on September 1, 2020, 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 September 21, 2020.
On September 29, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Francine Siew Ling Tan 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 argues that the disputed domain name is confusingly similar to Complainant’s HAWAIIAN AIRLINES trade mark which is well known and in which it has registered rights. The HAWAIIAN AIRLINES trade mark has been registered in the U.S., the European Union, the United Kingdom, Japan, South Korea, China, and other jurisdictions. The HAWAIIAN AIRLINES mark has been used by Complainant to promote its air transportation services since as early as 1941.Complainant registered its domain name <hawaiianairlines.com> on January 8, 2000, which it uses to promote its business as well as selling airline tickets, travel arrangements, and offering other related goods and services. Substantial goodwill has been developed by Complainant in the HAWAIIAN AIRLINES brand.
The disputed domain name was registered on August 16, 2020. The disputed domain name is nearly identical to Complainant’s HAWAIIAN AIRLINES trade mark since the generic top-level domain “.info” does not serve to distinguish the disputed domain name from Complainant’s trade mark.
Complainant argues that Respondent has no rights or legitimate interests in respect of the disputed domain name. Respondent does not appear to have made any business or commercial use of the HAWAIIAN AIRLINES mark or of the disputed domain name. Respondent has merely parked the disputed domain name without using it in connection with a bona fide offering of goods or services. Further, Respondent is not known by the name HAWAIIAN AIRLINES and has not acquired trademark rights therein. Respondent has not been licensed or permitted by Complainant to use the HAWAIIAN AIRLINES mark or to apply for or use any domain name incorporating the trade mark.
Complainant argues that the disputed domain name was registered and is being used in bad faith. Complainant submits that Respondent had full knowledge of Complainant’s trademark rights and that the disputed domain name was registered to take advantage of the value and goodwill associated with the HAWAIIAN AIRLINES mark. Respondent has used the disputed domain name to divert Internet traffic and disrupt Complainant’s business by drawing away Internet users intending to visit Complainant’s website. Respondent is thereby squatting on a domain name which is confusingly similar to Complainant’s primary domain name.
B. Respondent
Respondent submitted a Response to Complainant’s contentions. Respondent stated that as soon as she became aware of the proceedings, she had attempted to cancel and/or transfer the disputed domain name to Complainant but she was unable to do so as she was locked out from accessing the domain. Respondent stated that she “purchased [the disputed domain name] in error without malice and absolutely without any intentions of commercial diversion use”. She offered to and is agreeable to an unconditional transfer of the disputed domain name to Complainant.
As Respondent has not contested the Complaint and has agreed to the transfer of the disputed domain name to Complainant, the Panel will not make any findings of fact and orders an immediate transfer of the disputed domain name.
In the circumstances and in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the <hawaiianairlines.info> domain name be TRANSFERRED from Respondent to Complainant.
Francine Siew Ling Tan, Panelist
Dated: October 7, 2020
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