Hess Corporation v. David Gill
Claim Number: FA1512001651249
Complainant is Hess Corporation (“Complainant”), represented by Paul J. Reilly of Baker Botts L.L.P., New York, United States. Respondent is David Gill (“Respondent”), Illinois, United States.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <hesseoil.com>, registered with eNom, Inc.
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 Forum electronically on December 7, 2015; the Forum received payment on December 7, 2015.
On December 8, 2015, eNom, Inc. confirmed by e-mail to the Forum that the <hesseoil.com> domain name is registered with eNom, Inc. and that Respondent is the current registrant of the name. eNom, Inc. has verified that Respondent is bound by the eNom, Inc. 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 December 10, 2015, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 4, 2016 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@hesseoil.com. Also on December 10, 2015, 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 January 4, 2016.
On January 5, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is engaged in the business of exploration and production of crude oil and natural gas around the world.
Complainant holds a registration for the HESS trademark, which is on file with the United States Patent and Trademark Office (“USPTO”) (as Registry No. 832,393, first registered July 25, 1967).
Respondent registered the domain name <hesseoil.com> on February 10, 2015.
The domain name is confusingly similar to Complainant’s HESS mark.
Respondent has not been commonly known by the domain name or any variant of Complainant’s mark.
Respondent has not been licensed or otherwise authorized to use Complainant’s HESS mark.
Respondent is not making a bona fide offering of goods or services by means of the domain name or a legitimate noncommercial or fair use of it.
Rather, Respondent uses the domain name to lure in Internet users seeking products or services affiliated with Complainant, but resolves to an error page.
Respondent has no rights to or legitimate interests in the domain name.
Respondent uses the domain name to attract Internet users to its website by creating confusion with Complainant’s mark as to the source and sponsorship of the website.
Respondent has failed to make any active use of the domain name.
Respondent registered the domain name while knowing of Complainant and its rights in the HESS mark
Respondent has registered and is using the disputed domain name in bad faith.
B. Respondent
Respondent is a victim of identity theft.
Respondent has never owned or registered any domain name.
Respondent does not want the <hesseoil.com> domain name.
Respondent does not make a claim of ownership of the domain name.
Respondent wishes that Complainant should have the domain name.
DISCUSSION
Policy ¶ 4(a) requires that, in the ordinary course, Complainant must prove each of the following in order to obtain from a Panel a determination that a domain name be transferred to it:
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 by Respondent in bad faith.
Notwithstanding the foregoing, ¶ 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 accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Moreover, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions. See, for example, Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005); further see Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring a domain name registration where a respondent stipulated to the transfer).
DECISION
Respondent’s Response does not contest the material allegations of the Complaint, and, in particular, it does not contest Complainant’s request that the <hesseoil.com> domain name be transferred to it. Rather, Respondent declares in its written Response to the Complaint that it wishes Complainant to have the domain name. Thus, the parties have effectively agreed in writing to a transfer of that domain name from Respondent to Complainant without the need for further proceedings.
It is therefore Ordered that the domain name <hesseoil.com> be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: January 7, 2016
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