Securian Financial Group, Inc. v. Michael Dwen / Fast Serv Inc. d.b.a. QHoster.com
Claim Number: FA1709001749008
Complainant is Securian Financial Group, Inc. (“Complainant”), represented by Gregory Golla of Merchant & Gould P.C., Minnesota, USA. Respondent is Michael Dwen / Fast Serv Inc. d.b.a. QHoster.com (“Respondent”), Belize.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <securianfinancialgroups.com>, registered with NameSilo, 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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on September 14, 2017; the Forum received payment on September 14, 2017.
On September 15, 2017, NameSilo, LLC confirmed by e-mail to the Forum that the <securianfinancialgroups.com> domain name is registered with NameSilo, LLC and that Respondent is the current registrant of the name. NameSilo, LLC has verified that Respondent is bound by the NameSilo, 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 September 19, 2017, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 10, 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@securianfinancialgroups.com. Also on September 19, 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 October 13, 2017, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) 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, Securian Financial Group, Inc., uses the SECURIAN mark to provide and market its products and services. Complainant has rights in the mark based upon registration with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,637,006 registered Oct. 15, 2002.) Respondent’s <securianfinancialgroups.com> is confusingly similar as it contains Complainant’s mark in its entirety, merely adding the descriptive terms “financial” and “groups” along with the generic top level domain (“gTLD”) “.com.”
Respondent does not have rights or legitimate interests in the <securianfinancialgroups.com> domain name. Respondent is not commonly known by the disputed domain name and Complainant has not granted respondent permission or license to use the SECURIAN mark. Respondent is not using the disputed domain name to make a bona fide offering of goods or services or for a legitimate non-commercial or fair use. Rather, Respondent is using the disputed domain for the purpose of operating a phishing scheme.
Respondent registered and uses the <securianfinancialgroups.com> domain name in bad faith. Respondent uses the disputed domain name to operate a phishing scheme. Respondent registered the disputed domain name with actual knowledge of Complainant’s rights in the SECURIAN marks.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant, Securian Financial Group, Inc., uses the SECURIAN mark to provide and market retirement, insurance, and investment products. Securian has used the Securian mark in commerce continuously since at least as early as 2001. Complainant has rights in the mark based upon registration with the USPTO (Reg. No. 2,637,006 registered Oct. 15, 2002.). Respondent’s <securianfinancialgroups.com> is confusingly similar as it contains Complainant’s mark in its entirety.
Respondent, Michael Dwen / Fast Serv Inc. d.b.a. QHoster.com, created the <securianfinancialgroups.com> domain name on June 3, 2017.
Respondent does not have rights or legitimate interests in the <securianfinancialgroups.com> domain name. Respondent is sending phishing emails using the signature block of an executive of Complainant to perpetuate a phishing scheme.
Respondent registered and uses the <securianfinancialgroups.com> domain name 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.”).
Complainant has rights in the SECURIAN mark under Policy ¶ 4(a)(i) through registration with the USPTO. See Haas Automation, Inc. v. Jim Fraser, FA 1627211 (Forum Aug. 4, 2015) (finding that Complainant’s USPTO registrations for the HAAS mark sufficiently demonstrate its rights in the mark under Policy ¶ 4(a)(i)).
Respondent’s <securianfinancialgroups.com> is confusingly similar to the SECURIAN mark as it contains the mark in its entirety and adds the descriptive terms “financial” and “groups” along with the gTLD “.com.”
Respondent has no rights or legitimate interests in <securianfinancialgroups.com>. Respondent is not commonly known by the disputed domain name under Policy ¶ 4(c)(ii). Complainant has not authorized Respondent to use the SECURIAN mark. The WHOIS information identifies Respondent as “Michael Dwen / Fast Serv Inc. d.b.a. QHoster.com.” See Alaska Air Group, Inc. and its subsidiary, Alaska Airlines v. Song Bin, FA 1574905 (Forum Sept. 17, 2014) (holding that the respondent was not commonly known by the disputed domain name as demonstrated by the WHOIS information and based on the fact that the complainant had not licensed or authorized the respondent to use its ALASKA AIRLINES mark.); see Navistar International Corporation v. N Rahmany, FA 1620789 (Forum June 8, 2015) (finding that the respondent was not commonly known by the disputed domain name where the complainant had never authorized the respondent to incorporate its NAVISTAR mark in any domain name registration).
Respondent fails to use the disputed domain name for a bona fide offering of goods or services or for a legitimate noncommercial or fair use. Respondent’s <securianfinancialgroups.com> is being used to operate a phishing scheme. Panels have decided that a respondent’s use of a domain name for the purpose of phishing for Internet users’ personal and/or financial information does not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use. See Juno Online Servs., Inc. v. Nelson, FA 241972 (Forum Mar. 29, 2004) (finding that using a domain name in a fraudulent scheme to deceive Internet users into providing their credit card and personal information is not a bona fide offering of goods or services nor a legitimate noncommercial or fair use).
Respondent registered and uses the <securianfinancialgroups.com> domain name in bad faith because Respondent is using the disputed domain to operate a phishing scheme. See Wells Fargo & Co. v. Maniac State, FA 608239 (Forum Jan. 19, 2006) (finding bad faith registration and use where the respondent was using the <wellsbankupdate.com> domain name in order to fraudulently acquire the personal and financial information of the complainant’s customers).
Respondent had actual knowledge of Complainant’s SECURIAN mark; therefore Respondent registered the <securianfinancialgroups.com> domain name in bad faith. See Google Inc. v. Ahmed Humood, FA 1591796 (Forum Jan. 7, 2015) (Respondent’s actual knowledge of Complainant’s mark at the time of domain name registration shows bad faith registration under Policy ¶ 4(a)(iii)).
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <securianfinancialgroups.com> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: October 27, 2017
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