Yale University v. akihiro noda
Claim Number: FA1603001668171
Complainant is Yale University (“Complainant”), represented by Meaghan H. Kent of Venable LLP, District of Columbia, USA. Respondent is akihiro noda (“Respondent”), Japan.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <yalebiodebate.com>, registered with GMO Internet, Inc. d/b/a Onamae.com.
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.
Kenneth L. Port as Panelist.
Complainant submitted a Complaint to the Forum electronically on March 31, 2016; the Forum received payment on March 31, 2016. The Complaint was received in both Japanese and English.
On April 3, 2016, GMO Internet, Inc. d/b/a Onamae.com confirmed by e-mail to the Forum that the <yalebiodebate.com> domain name is registered with GMO Internet, Inc. d/b/a Onamae.com and that Respondent is the current registrant of the name. GMO Internet, Inc. d/b/a Onamae.com has verified that Respondent is bound by the GMO Internet, Inc. d/b/a Onamae.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 April 4, 2016, the Forum served the Japanese language Complaint and all Annexes, including a Japanese language Written Notice of the Complaint, setting a deadline of April 25, 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@yalebiodebate.com. Also on April 4, 2016, the Japanese language 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 Forum transmitted to the parties a Notification of Respondent Default.
The Respondent filed a non-responsive Response on April 11, 2016. This is addressed below.
On Aprils 27, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Kenneth L. Port as Panelist.
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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the 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, Yale University, is a world renowned university founded in 1701. Complainant’s rights in the YALE mark are based on registration of the mark with numerous trademark agencies throughout the world including the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 1,391,543, registered April 29, 1986). Respondent’s domain <yalebiodebate.com> is confusingly similar to the YALE mark as the domain is merely a variation of Complainant’s mark.
Respondent has no rights or legitimate interests in the domain name. There is no evidence to indicate that Respondent has trademark rights in the YALE mark, been known by the YALEBIODEBATE or any similar name, or been authorized to use the YALE mark in any manner. Respondent’s apparent use of the domain, to promote and/or direct to pornographic material, is not a legitimate noncommercial or fair use.
Respondent has registered and is using the domain in bad faith. Respondent’s use of the term “biodebate” and attachment of the term to Complainant’s YALE mark creates a connection to academia that Respondent uses to confuse and attract internet users for commercial gain. Respondent also had constructive knowledge of Complainant’s YALE mark at the time of registration. Finally, Respondent’s bad faith is demonstrated through using the domain to resolve to a pornographic website which dilutes and tarnishes the YALE mark.
B. Respondent
Respondent failed to submit a Response in this proceeding. The disputed domain was created on January 25, 2016. The Respondent did send the Forum an e-mail communication which stated in its entirety as follows:
上記ドメインは中古ドメイン市場で購入したもので、
申立人であるyale大学に関連しているとは考えもしておりませんでした。
上記ドメインのサイトは先ほど閉鎖いたしました。
また、ドメインの保有につきましては解約するように申請いたしました。
The Panel finds that Respondent’s email communication to the Forum consists of a total acquiescence to the transfer of the disputed domain name from the Respondent to the Complainant. As such, the Panel finds that further analysis is inappropriate and orders the immediate transfer of the domain name.
Pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the Japanese language Complaint and Commencement Notification, and, absent a Response, determines that the remainder of the proceedings may be conducted in English.
The Panel provides the following translation of the email communication from the Respondent to the Forum:
The disputed domain name was purchased in the used domain name market; therefore, we made no association with the Complainant, Yale University. The web site based on the disputed domain name has been closed. We hereby desire to cancel this registration.
Pursuant to the Respondent’s admission, the disputed domain name should be immediately transferred to the Complainant. The Panel finds that the Respondent has acquiesced to this transfer and, therefore, orders the same.
Having acquiesced to the transfer, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <yalebiodebate.com> domain name TRANSFERRED from the Respondent to the Complainant.
Kenneth L. Port, Panelist
Dated: April 30, 2016
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