Citigroup Inc. v. N/A a/k/a Da Fei Ji
Claim Number: FA0905001264916
Complainant is Citigroup Inc. (“Complainant”), represented by Paul
D. McGrady, Jr., of Greenberg Traurig, LLP,
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <citicrads.com>, registered with Directi Internet Solutions Pvt. Ltd. d/b/a Publicd.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Honorable Paul A. Dorf (Ret.) as Panelist.
Complainant submitted a Complaint to
the National Arbitration Forum electronically on
On
On
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On June 24, 2009, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Honorable Paul A. Dorf (Ret.) as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration 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." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration 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 name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <citicrads.com> domain name is confusingly similar to Complainant’s CITICARD mark.
2. Respondent does not have any rights or legitimate interests in the <citicrads.com> domain name.
3. Respondent registered and used the <citicrads.com> domain name in bad faith.
B. Respondent failed to submit a Response in this proceeding.
Complainant, Citigroup Inc., operates a business in the
financial sector, offering banking and credit services. In connection with that business, Complainant
has registered several trademarks with the United States Patent and Trademark
Office (“USPTO”) including the CITICARD mark (Reg. No. 1,423,239 issued
Respondent is using the <citicrads.com>
domain name to resolve to a parking website containing links to third-party
websites, some of which directly compete with Complainant. Respondent registered the disputed domain
name on
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
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(e), 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 and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
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.
The Panel finds that Complainant has established rights in
the CITICARD mark pursuant to Policy ¶ 4(a)(i) via its
registration of the mark with the USPTO.
See AOL LLC v. Interrante, FA 681239 (Nat. Arb. Forum
The Panel finds that the only differences between
Complainant’s CITICARD mark and Respondent’s <citicrads.com>
domain name are the transposition of the letters “a” and “r,” the addition of
the letter “s,” and the additional of the generic top-level domain (gTLD)
“.com.” The Panel finds these
differences insufficient to dispel the confusing similarity that results from
using Complainant’s CITICARD mark as the basis for the disputed domain
name. Therefore, the <citicrads.com> domain name is
confusingly similar to Complainant’s CITICARD mark under Policy ¶ 4(a)(i). See Gardline Surveys Ltd. v.
Domain Fin. Ltd., FA 153545 (Nat. Arb. Forum
Complainant has satisfied Policy ¶ 4(a)(i).
Pursuant to Policy
¶ 4(a)(ii), Complainant must first establish a prima
facie case that Respondent has no rights or legitimate interests in the <citicrads.com> domain name. If
the Panel finds that Complainant’s allegations establish such a prima facie case,
the burden shifts to Respondent to show that it does indeed have rights or
legitimate interests in the disputed domain name pursuant to the guidelines in
Policy ¶ 4(c). The Panel finds
that Complainant’s allegations are sufficient to establish a prima facie case that Respondent has no
rights or legitimate interests in the <citicrads.com>
domain name pursuant to Policy ¶ 4(a)(ii). Since
no response was submitted in this case, the Panel may presume that Respondent
has no rights or legitimate interests in the disputed domain name. However, the Panel will still examine the
record in consideration of the factors listed in Policy ¶ 4(c). See Domtar, Inc. v. Theriault., FA 1089426 (Nat. Arb.
Forum
The Panel finds no evidence in the record suggesting that
Respondent is commonly known by the <citicrads.com>
domain name. Complainant asserts that
Respondent has no license or agreement with Complainant authorizing Respondent
to use the CITICARD mark, and the WHOIS information identifies Respondent as “N/A a/k/a Da Fei Ji.” Thus, Respondent has not established rights
or legitimate interests in the disputed domain name under Policy ¶ 4(c)(ii). See Tercent Inc. v. Lee Yi, FA 139720 (Nat. Arb. Forum
Respondent’s is using the <citicrads.com>
domain name, which is confusingly similar to Complainant’s CITICARD mark, to redirect Internet users interested in
Complainant’s financial services to third-party websites. These third-party websites are in competition
with Complainant’s business. The Panel
finds this use is not a use in connection with a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i), or a noncommercial or fair use of the disputed domain
name pursuant to Policy ¶ 4(c)(iii). See TM Acquisition Corp. v. Sign Guards, FA 132439 (Nat. Arb.
Forum
The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.
The Panel finds that Respondent was using the <citicrads.com> domain name to
resolve to a website containing links to third-party websites that divert
Internet users to Complainant’s competitors.
The Panel finds that this use is evidence of bad faith registration and
use pursuant to Policy ¶ 4(b)(iii). See
Puckett, Individually v. Miller, D2000-0297 (WIPO
The website that resolves from the <citicrads.com> domain name displays
links to websites related to and in direct competition with Complainant’s
business. The Panel infers that
Respondent receives either pay-per-click fees or advertising fees for these
advertisements. Since the disputed
domain name is confusingly similar to Complainant’s marks, Internet users are
likely to become confused as to Complainant’s affiliation or sponsorship of the
disputed domain name and resolving website.
Respondent is seeking to profit from this confusion by hosting
advertisements on the resolving website.
The Panel finds this use is evidence of bad faith registration and use
pursuant to Policy ¶ 4(b)(iv). See Am. Univ. v. Cook, FA 208629 (Nat. Arb. Forum
Therefore, Policy ¶ 4(a)(iii) is satisfied.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <citicrads.com> domain name be TRANSFERRED from Respondent to Complainant.
Honorable Paul A. Dorf (Ret.), Panelist
Dated: July 1, 2009
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