ER Marks, Inc. and QVC, Inc. v. Jeremiah Driscoll
Claim Number: FA1105001386786
Complainant is ER Marks, Inc. and QVC, Inc. (“Complainant”), represented by Jeffrey H. Epstein of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Jeremiah Driscoll (“Respondent”), Illinois, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <qvccoupons.org>, registered with GoDaddy.com.
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Panelist in this proceeding.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on May 3, 2011; the National Arbitration Forum received payment on May 3, 2011.
On May 5, 2011, GoDaddy.com confirmed by e-mail to the National Arbitration Forum that the <qvccoupons.org> domain name is registered with GoDaddy.com and that Respondent is the current registrant of the name. GoDaddy.com has verified that Respondent is bound by the GoDaddy.com 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 May 9, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 31, 2011 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@qvccoupons.org. Also on May 9, 2011, the Written Notice of the Complaint, notifying Respondent of the email 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 in compliance with the requirements of the Policy, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On June 6, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Respondent has failed to submit a response to the Complaint filed in this proceeding in compliance with the requirements of the Policy. However, Respondent has communicated with the National Arbitration Forum via an e-mail message. The panel will consider the contents of that e-mail communication in determining the appropriate disposition of the Complaint.
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" 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 National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of a compliant response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant owns the QVC service mark.
Complainant owns registrations for the QVC mark with the United States Patent and Trademark Office (“USPTO”) (including Reg. No. 1,455,889, issued September 1, 1987).
Complainant uses the QVC mark in the operation of its on-line and direct-response television retail shopping business.
Respondent registered the disputed <qvccoupons.org> domain name on February 25, 2011.
The disputed domain name resolves to a website with links to Complainant’s competitors in the online and television retail sales businesses.
Respondent’s <qvccoupons.org> domain name is confusingly similar to Complainant’s QVC mark.
Respondent is not commonly known by the disputed domain name, and Respondent is not authorized to use the QVC service mark.
Respondent does not have any rights to or legitimate interests in the domain name <qvccoupons.org>.
Respondent registered and uses the contested <qvccoupons.org> domain name in bad faith.
B. Respondent failed to submit a compliant response to the Complaint filed in this proceeding. However, in an e-mail communication addressed to the National Arbitration Forum, Respondent has recited as follows:
Just tell them they can have the domain name and we will leave it at that.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred:
Terry F. Peppard, Panelist
Dated: June 15, 2011
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