Uline, Inc. v. BRENDA AULD
Claim Number: FA1706001737166
Complainant is Uline, Inc. (“Complainant”), represented by Derek Goodman of Uline, Inc., Wisconsin, U.S.A. Respondent is BRENDA AULD (“Respondent”), Texas, U.S.A.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ulineshippingcompany.com>, registered with eNom, LLC.
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 June 23, 2017; the Forum received payment on June 23, 2017.
On June 23, 2017, eNom, LLC confirmed by e-mail to the Forum that the <ulineshippingcompany.com> domain name is registered with eNom, LLC and that Respondent is the current registrant of the name. eNom, LLC has verified that Respondent is bound by the eNom, 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 June 29, 2017, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 19, 2017 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@ulineshippingcompany.com. Also on June 29, 2017, 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 Forum transmitted to the parties a Notification of Respondent Default.
On July 24, 2017, 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 is in the business of distributing packaging and shipping supplies and registered the ULINE.COM mark with the United States Patent and Trademark Office in furtherance of its business. Compl., at Attached Ex. B (Reg. No. 4,034,337, registered Oct. 4, 2011). Respondent’s <ulineshippingcompany.com> domain name is confusingly similar to Complainant’s ULINE.COM mark because it incorporates the mark in its entirety and merely adds the descriptive term “shipping company”, which is a clear reference to Complainant’s business.
Respondent has no rights or legitimate interests in the disputed domain name. Respondent is neither commonly known by the disputed domain name nor has Complainant authorized Respondent to use its ULINE.COM mark. Neither is Respondent using the disputed domain name to make a bona fide offering of goods or services or a legitimate noncommercial or fair use. Instead, Respondent’s domain name resolves to a webpage “under construction”. See Compl., at Attached Ex. C. The webpage has remained “under construction” for many months.
Respondent registered and is using the disputed domain name in bad faith. A simple google search, or a search on the USPTO website, would have notified Respondent of Complainant’s rights. See Compl., at Attached Ex. D. Furthermore, Complainant sent Respondent a letter after it had learned of Respondent’s registration of the disputed domain name. See Compl., at Attached Ex. F & H. On April 17, 2017, Complainant sent another letter and Respondent subsequently responded. See Compl., at Attached Ex. I. Respondent initially consented to transfer the domain to Complainant but then later declined. See Compl., at Attached Ex. J. Afterwards, Complainant offered to purchase the domain but Respondent replied that he required a higher price. See Compl., at Attached Ex. K. Finally, Respondent’s failure to make use of the disputed domain name corroborates a finding of bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding. Respondent, or someone in Respondent’s name, registered the <ulineshippingcompany.com> domain name on January 10, 2017. The named Respondent did send an email to the Forum acquiescing to the transfer of the disputed domain name.
The Panel finds that the named Respondent, Ms. Brenda Auld, did nothing inappropriate in this matter. Some unknown entity clearly used Ms. Auld’s identity to register the disputed domain name. As such, the Panel shall order the immediate transfer of the disputed domain name and forego the normal UDRP analysis.
As Respondent has acquiesced to the transfer, the Panel concludes that relief shall be granted.
Accordingly, it is Ordered that the <ulineshippingcompany.com> domain name transferred from Respondent to Complainant.
Kenneth L. Port, Panelist
Dated: July 24, 2017
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