State Farm Mutual Automobile Insurance Company v. Xiaolei Wang
Claim Number: FA2104001942348
Complainant is State Farm Mutual Automobile Insurance Company (“Complainant”), represented by Nathan Vermillion of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is Xiaolei Wang (“Respondent”), China.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <statefarmlifeenhanced.com>, <lifeenhacedstatefarm.com>, <lifeenhancestatefarm.com>, and <lifenhancedstatefarm.com> (“the Domain Names”), registered with Namesilo, Llc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the Forum electronically on April 21, 2021. The Forum received payment on April 21, 2021.
On April 21, 2021, Namesilo, Llc confirmed by e-mail to the Forum that the Domain Names are registered with Namesilo, Llc and that Respondent is the current registrant of the names. 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 April 27, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 17, 2021 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@statefarmlifeenhanced.com, postmaster@lifeenhacedstatefarm.com, postmaster@lifeenhancestatefarm.com, postmaster@lifenhancedstatefarm.com. Also on April 27, 2021, 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 May 18, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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 Names be transferred from Respondent to Complainant.
A. Complainant
Complainant has been doing business under the name “State Farm” since 1930. Complainant has rights in the STATE FARM mark through Complainant’s registration of the mark with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. No. 4,211,626, registered September 18, 2012). Respondent’s <statefarmlifeenhanced.com>, <lifeenhacedstatefarm.com>, <lifeenhancestatefarm.com>, and <lifenhancedstatefarm.com> domain names are confusingly similar to Complainant’s STATE FARM mark as they contain Complainant’s entire mark and merely add various spellings of the phrase “Life Enhanced.”
Respondent lacks rights or legitimate interests in the Domain Names. Respondent registered and uses the Domain Names in bad faith.
B. Respondent
Respondent failed to submit a formal Response in this proceeding. However, in correspondence with the Forum, Respondent consented to the transfer of the Domain Names to Complainant.
FINDINGS
In light of Respondent’s consent to the transfer of the Domain Names to Complainant, the Panel considers it appropriate to order the transfer of the Domain Names without embarking on the traditional UDRP analysis. See Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
DECISION
Respondent having consented to the transfer of the Domain Names to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <statefarmlifeenhanced.com>, <lifeenhacedstatefarm.com>, <lifeenhancestatefarm.com>, and <lifenhancedstatefarm.com> domain names be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: May 24, 2021
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