State Farm Mutual Automobile Insurance Company v. Lisa Schneider
Claim Number: FA1303001490337
Complainant is State Farm Mutual Automobile Insurance Company (“Complain-ant”), represented by Sherri Dunbar of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is Lisa Schneider (“Respondent”), Cali-fornia, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <statefarm4me.com>, which is registered with MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE.
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 electron-ically on March 18, 2013; the National Arbitration Forum received payment on March 18, 2013.
On March 18, 2013, MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE confirmed by e-mail to the National Arbitration Forum that the <statefarm4me.com> domain name is registered with MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE and that Respondent is the current registrant of the name. MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE has verified that Respondent is bound by the MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE 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 March 19, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 20, 2013 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@statefarm4me.com. Also on March 19, 2013, the Written Notice of the Complaint, notifying Respondent of the e-mail ad-dresses served and the deadline for a Response, was transmitted to Respond-ent via post and fax, to all entities and persons listed on Respondent’s registra-tion as technical, administrative and billing contacts.
Having received no response from Respondent which was compliant with the requirements of the Policy or its accompanying Rules, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On May 29, 2013, 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.
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 Not-ices, 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 any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant does business in both the insurance and the financial services industries, and has done so under the STATE FARM name and mark since 1930.
Complainant is the owner of registrations, on file with the United States Patent and Trademark Office (“USPTO”) for the STATE FARM service mark (including Reg. No. 1,979,585, registered June 11, 1996).
Respondent registered the <statefarm4me.com>domain name on July 31, 2007.
That domain name is confusingly similar to Complainant’s STATE FARM mark.
Respondent has not been commonly known by the domain name.
There is no legitimate website content associated with the domain name and no indication that legitimate content will be forthcoming.
Respondent has no rights to or legitimate interests in the domain name.
Respondent knew of Complainant and its rights in the STATE FARM mark when it registered the disputed domain name.
Respondent both registered and uses the domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding which is compliant with the requirements of the policy or its accompanying Rules. However, in e-mail messages addressed to the National Arbitration Forum, Respondent has recited that: “I don’t even use that domain,…. I would be willing to drop my ownership of it….;” and “I have already released the domain.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order to obtain from a Panel an order that a domain name be transferred:
i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
ii. Respondent has no rights to or legitimate interests in respect of the domain name; and
iii. the domain name has been registered and is being used in bad faith.
Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accord-ance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Further, Paragraph 14(b) of the Rules provides that, where a party fails to comply with requirements laid on by the Rules, the Panel may draw such inferences from that failure as it considers appropriate.
DECISION
It appears from the record that Respondent does not contest the material allega-tions of the Complaint. It further appears from written communications addres-sed to the National Arbitration Forum that Respondent does not object to Com-plainant’s request for the transfer to it of the subject domain name as prayed for in the Complaint, so that the parties have tacitly agreed to the transfer of the subject domain name from Respondent to Complainant without the need for further proceedings. In the exceptional circumstances here presented, we con-clude that no worthwhile purpose would be served by a rendition of findings otherwise customary in proceedings of this sort.
Accordingly, it is Ordered that the <statefarm4me.com> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: June 7, 2013
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