Campbell University, Incorporated v. Direct Privacy / Domain Name Proxy Service, Inc Privacy ID# 14038373
Claim Number: FA1706001734509
Complainant is Campbell University, Incorporated ("Complainant"), represented by Maury M. Tepper of Tepper & Eyster, PLLC, North Carolina, U.S.A. Respondent is Direct Privacy / Domain Name Proxy Service, Inc Privacy ID# 14038373 ("Respondent"), Louisiana, U.S.A.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <cambellstateuniversity.com>, registered with DNC Holdings, Inc.
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 Forum electronically on June 5, 2017; the Forum received payment on June 5, 2017.
On June 5, 2017, DNC Holdings, Inc. confirmed by email to the Forum that the <cambellstateuniversity.com> domain name is registered with DNC Holdings, Inc. and that Respondent is the current registrant of the name. DNC Holdings, Inc. has verified that Respondent is bound by the DNC Holdings, 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 June 7, 2017, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 27, 2017 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@cambellstateuniversity.com. Also on June 7, 2017, 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, the Forum transmitted to the parties a Notification of Respondent Default.
On July 3, 2017, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin as Panelist.
On July 4, 2017, the Forum received an email message from "info@cambellstateuniversity.com," stating as follows:
Sorry for the delayed response.
Please be informed that we are not in any way linked to Campbell University neither we are trying to impersonate them.
You can also check that we are not doing any sort of advertising that an impersonator would normally do.
We are an independent online institution that offers degree programs to working adults and the similarity of name/domain is a mere coincidence.
Kindly advise on what further action we can take to resolve this situation.
Regards
Cambell State University Administration
The Forum's case coordinator acknowledged the message and forwarded it to the Administrative Panel (the "Panel").
Having reviewed the communications records, 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 a response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is an educational institution in North Carolina. Complainant has used the trademark CAMPBELL since at least 1926, as Campbell Junior College and, beginning in 1979, Campbell University. Complainant holds U.S. trademark registrations for CAMPBELL and CAMPBELL UNIVERSITY.
Respondent registered the disputed domain name <cambellstateuniversity.com> in 2010. The domain name resolves to a website entitled "Cambell University" that advertises "accredited" degrees and related academic credentials. The website does not disclose a physical location or mailing address. Respondent does not appear to be a state-affiliated university. Complainant states that Respondent has no connection or affiliation with Complainant, and Complainant has not consented to Respondent's use of the disputed domain name.
Complainant contends, on the above grounds, that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent has no rights or legitimate interests in respect of the disputed 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 is being 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(f), 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 (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 email correspondence received from "info@cambellstateuniversity.com" after the deadline for a response purports to respond to the Complaint. However, the correspondence fails to describe the connection between "info@cambellstateuniversity.com" or "Cambell State University Administration" and Respondent; includes no explanation or excuse for its untimeliness; and provides no support for its conclusory assertions. The Panel therefore considers it appropriate to disregard this correspondence. See, e.g., Insolvency Services Group, Inc., as Assignee for the Benefit of Creditors of BIDZ.COM, INC. v. Leon Kuperman / LGK Consulting, FA 1580768 (Forum Nov. 13, 2014) (declining to consider response submitted by nonparty absent evidence of connection to respondent).
The disputed domain name <cambellstateuniversity.com> is identical to Complainant's registered CAMPBELL UNIVERSITY trademark, but for the omission of the space and the silent "p" in "Campbell," and the addition of the generic term "state" and the ".com" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., La Salle Univ. v. Fred McCaw, FA 1515840 (Forum Oct. 1, 2013) (finding <lasalleuniversity.com> confusingly similar to LA SALLE); Campbell Univ., Inc. v. Domain Administrator, FA 1351706 (Forum Nov. 22, 2010) (finding <cambelluniversity.org> confusingly similar to CAMPBELL UNIVERSITY). The Panel finds that the disputed domain name is confusingly similar to Complainant's CAMPBELL UNIVERSITY mark.
Under the Policy, Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Prods., Inc. v. Entm't Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain name is confusingly similar to Complainant's mark, and is being used for a website for what purports to be a competing educational institution. The Panel is extremely skeptical that "Cambell University" or "Cambell State University" is a legitimate business or educational institution: it does not appear to be a state-affiliated or state-supported institution, notwithstanding the inclusion of "state" in the domain name, and its website does not disclose any address or location information. Respondent's use of the disputed domain name does not give rise to rights or legitimate interests under the Policy. See Campbell Univ., Inc. v. Domain Administrator, supra (finding lack of rights or legitimate interests under similar circumstances).
Respondent has failed to 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 is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), 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 registered and is using a domain name that is confusingly similar to Complainant's mark to create and presumably profit from confusion with Complainant. Respondent's conduct is indicative of bad faith under the Policy. See Campbell Univ., Inc. v. Domain Administrator, supra (finding bad faith registration and use under similar circumstances). The Panel finds that the disputed domain name was registered and is being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <cambellstateuniversity.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: July 7, 2017
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