Rigaku Americas Holding Company, Inc. v. John Doe as Holder of domain name <rigakv.com>
Claim Number: FA2109001966562
Complainant is Rigaku Americas Holding Company, Inc. (“Complainant”), represented by Patrick J. Concannon of Nutter, McClennen & Fish, Massachusetts, USA. Respondent is John Doe as Holder of domain name <rigakv.com> (“Respondent”).
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <rigakv.com>, registered with Wild West Domains, LLC.
PANEL
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 September 27, 2021. The Forum received payment on September 27, 2021.
On September 29, 2021, Wild West Domains, LLC confirmed by e-mail to the Forum that the <rigakv.com> domain name is registered with Wild West Domains, LLC and that Respondent is the current registrant of the name. Wild West Domains, LLC has verified that Respondent is bound by the Wild West Domains, 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 30, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 1, 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@rigakv.com. Also on September 30, 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.
A timely Response was received and determined to be complete on December 1, 2021.
On December 3, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
PRELIMINARY ISSUE: IDENTITY THEFT
Respondent asserts that it has been the victim of identity theft, stating that Respondent had been hacked and thus bears no responsibility for the actions laid out in this proceeding, and that it has worked to get rid of all fraudulent activity associated with the domain name.
According to Policy ¶ 4(j), “[a]ll decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.” In Wells Fargo & Co. v. John Doe as Holder of Domain Name <wellzfargo.com>, FA 362108 (Forum Dec. 30, 2004) and Wells Fargo & Co. v. John Doe as Holder of Domain Name <wellsfargossl>, FA 453727 (Forum May 19, 2005), the panels omitted the respondents’ personal information from the decisions, pursuant to Policy ¶ 4(j), in an attempt to protect the respondents who claimed to be victims of identity theft from becoming aligned with acts the actual registrants appeared to have sought to impute to the respondents.
In this case, although neither Claimant nor Respondent has explicitly requested that the name of Respondent be redacted, the Panel determines that Respondent’s claim of identity theft warrants the redaction of Respondent’s name and location from the Panel’s decision.
A. Complainant
Complainant has rights in the RIGAKU mark. Respondent’s <rigakv.com> domain name is identical or confusingly similar to Complainant’s mark. Respondent lacks rights and legitimate interests in the <rigakv.com> domain name, which Respondent registered and uses in bad faith.
B. Respondent
Respondent consents to transfer of the domain name to Complainant, saying Respondent was hacked and did not carry out the actions indicated in the Complaint.
In light of Respondent’s consent to the transfer to Complainant of the <rigakv.com> domain name, the Panel considers it appropriate to order the transfer of the domain name 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 name to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <rigakv.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: December 6, 2021
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