Webster Financial Corporation and Webster Bank, National Association v. Rodica Ilea
Claim Number: FA1310001525121
Complainant is Webster Financial Corporation and Webster Bank, National Association (“Complainant”), represented by Jonathan C. Sterling of Jorden Burt LLP, Connecticut, USA. Respondent is Rodica Ilea (“Respondent”), Romania.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <websterbank-com.com>, registered with GoDaddy.com, 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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on October 17, 2013; the National Arbitration Forum received payment on October 17, 2013.
On October 18, 2013, GoDaddy.com, LLC confirmed by e-mail to the National Arbitration Forum that the <websterbank-com.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, 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 October 21, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 12, 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@websterbank-com.com. Also on October 21, 2013, 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 National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On November 15, 2013, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David E. Sorkin 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" 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 any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is a Delaware corporation and its wholly-owned subsidiary, both of which are headquartered in Connecticut. Complainant offers banking and financial services, including online banking services, under names and marks incorporating the terms WEBSTER and WEBSTER BANK. Complainant’s marks include WEBSTER BANK, registered on the Principal Register of the U.S. Trademark and Patent Office in 2005.
Complainant states that Respondent registered the disputed domain name <websterbank-com.com> on August 16, 2013. Complainant attempted to contact Respondent upon learning of the registration but received no response. Complainant attempted to reach Respondent at the telephone number listed in the domain registration record, but reached a recorded message stating that the number had been disabled. The website to which the disputed domain name resolves displays Complainant’s marks, including a stylized form identical to that used by Complainant. The site contains information about Complainant along with links to competitors’ websites. Complainant alleges that Respondent’s use of the domain name in this manner creates a likelihood of confusion among users by creating a false impression that the website is owned, sponsored, or endorsed by Complainant. Complainant characterizes Respondent’s activity as typosquatting. Complainant states that it has never authorized Respondent to use its marks, and asserts that Respondent has never been known by the names “Webster” or “Webster Bank.” Based upon these allegations, Complainant contends that the disputed domain name is confusingly similar to its marks; that Respondent has no rights or legitimate interests in the dispute domain name; and that Respondent registered and is using the disputed domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and has been used in bad faith.
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."
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.
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.”).
The disputed domain name consists of Complainant’s registered mark WEBSTER BANK, with a hyphen, “com”, and the top-level domain suffix “.com” appended thereto. The Panel agrees with Complainant’s characterization of this domain name as an example of “typosquatting,” and considers the domain name to be confusingly similar to Complainant’s mark for purposes of paragraph 4(a)(i) of the Policy. See, e.g., Bloomberg Finance L.P. v. Hildegard Gruener, FA 1522367 (Nat. Arb. Forum Nov. 7, 2013) (finding <bloomberg‑com.com> confusingly similar to BLOOMBERG); Trustmark National Bank v. Rodica Ilea, D2013-1558 (WIPO Oct. 30, 2013) (finding <trustmark‑com.com> confusingly similar to TRUSTMARK); State Farm Mutual Automobile Insurance Co. v. Hildegard Gruener, FA 1521506 (Nat. Arb. Forum Oct. 22, 2013) (finding <statefarm‑com.com> confusingly similar to STATE FARM).
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Prods., Inc. v. Entm’t Commentaries, FA 741828 (Nat. Arb. Forum Aug. 18, 2006).
The disputed domain name corresponds to Complainant’s mark and domain name, with a minor typographical alteration; and the only apparent use of the domain name is in connection with a website seemingly calculated to create and exploit confusion among Internet users and infringe upon Complainant’s marks. See Trustmark National Bank v. Rodica Ilea, supra (finding lack of rights or legitimate interests based upon similar facts). Respondent has not come forward with any evidence of rights or legitimate interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
Finally, Complainant must show that the disputed domain name was registered and has been used in bad faith. Under paragraph 4(b)(iv) of the Policy, bad faith may be shown by evidence that “by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent’s] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent’s] web site or location or of a product or service
on [Respondent’s] web site or location.”
Respondent’s use of the domain name for a website containing links to Complainant’s competitors but bearing Complainant’s name, presumably generating clickthrough or referral fees for Respondent, is indicative of bad faith use under the Policy. See, e.g., Red Hat, Inc. v. Haecke, FA 726010 (Nat. Arb. Forum July 24, 2006). Absent any evidence that the domain name was registered for a different purpose, the Panel infers that the name was registered in bad faith as well. The fact that Respondent’s registration and use of the domain name are obvious attempts to take advantage of typographical errors by Internet users lends further support to these conclusions. See Zone Labs, Inc. v. Zuccarini, FA 190613 (Nat. Arb. Forum Oct. 15, 2003) (characterizing typosquatting as evidence of bad faith registration and use).
Having considered all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <websterbank-com.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: November 18, 2013
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