United States Postal Service v. Gary Plott / Helen Hudson / Smart Logistics
Claim Number: FA1805001788594
Complainant is United States Postal Service (“Complainant”), represented by Jennifer A. Van Kirk of Lewis Roca Rothgerber Christie LLP, Arizona, USA. Respondent is Gary Plott / Helen Hudson / Smart Logistics (“Respondent”), Tennessee, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com>, registered with GoDaddy.com, 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.
Ho Hyun Nahm, Esq. as Panelist.
Complainant submitted a Complaint to the Forum electronically on May 24, 2018; the Forum received payment on May 24, 2018.
On May 29, 2018, GoDaddy.com, LLC; confirmed by e-mail to the Forum that the <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, 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 6, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 16, 2018 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@usps-glp.com, postmaster@usps-nla.com, postmaster@usps-nlu.com, postmaster@usps-ttga.com, postmaster@usps-career.com, postmaster@usps-careercenter.com, postmaster@usps-careercenters.com, postmaster@usps-careers.com, postmaster@usps-careerscenter.com, postmaster@usps-jpr.com, postmaster@usps-amlu.com, postmaster@usps-amlf.com, postmaster@usps-ntd.com, postmaster@usps-ntdf.com, postmaster@usps-ntda.com, postmaster@usps-ntdu.com, postmaster@job-usps.info, postmaster@job-usps.org, postmaster@job-usps.net, postmaster@exam-usps.com, postmaster@exam-usps.org, postmaster@exam-usps.info, postmaster@usps-guide.com, postmaster@job-usps.com, postmaster@usps-job.com. Also on June 6, 2018, 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 July 16, 2018.
On July 20, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Ho Hyun Nahm, Esq. 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.
Complainant requests that the domain names be transferred from Respondent to Complainant.
A. Complainant
i) Complainant registered the USPS mark with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. No. 2,423,574, registered Jan. 23, 2001). See Amend. Compl. Ex. 7. Respondent’s <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names are confusingly similar to Complainant’s mark as each incorporates the entirety of the USPS mark, some also adding descriptive terms such as “career,” “job,” and “career center” to the mark. Further, some of the disputed domain names incorporate generic/descriptive terms such as “glp,” “nlu,” “nla,” and “ttga” which appear to be acronyms for descriptive terms relating to career offerings. Lastly, each incorporates a “.com,” “.info,” “.org,” or “.net” generic top-level-domain (“gTLD”) to form resolving domain names.
ii) Respondent has no rights or legitimate interests in the <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names. Respondent is not commonly known by the disputed domain names, nor has Complainant authorized, licensed, or otherwise permitted Respondent to use the mark. Respondent also does not use the disputed domain names in connection with a bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent passes off as Complainant for Respondent’s commercial gain via a phishing scheme on the resolving websites. See Amend. Compl. Ex. 3, 4.
iii) Respondent registered and uses the <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names in bad faith. Respondent disrupts Complainant’s business. Respondent passes off as Complainant’s for Respondent’s commercial gain. Respondent uses the disputed domain names to host a phishing scheme. Respondent had actual knowledge of Complainant’s rights in the USPS marks prior to registration of the disputed domain names.
B. Respondent
The Respondent has no legal rights to use the domain names presented in the complaint and has complied with the Complainant’s request to cease any and all use of the domain names.
In the instant proceedings, Complainant has alleged that the entities which control the domain names at issue are effectively controlled by the same person and/or entity, which is operating under several aliases. Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” Complainant alleges that Gary Plott and Helen Hudson are one Respondent per Supplement Rule 1(d). In support of this proposition, all of the domain names registered to Gary Plott, and six of the domain names registered to Helen Hudson, usps-amlu.com, usps-amlf.com, usps-ntd.com, uspsntdf.com, usps-ntda.com, usps-ntdu.com, direct to the same website entitled “US Job Services,”(the “Website”). See current and archived screenshots of the Website at Exhibit 3. The domain name registered by a Helen Hudson, usps-job.com, directs to a slightly different website also entitled “US Job Services.” See current and archived screenshots of the website at usps-job.com at Exhibit 4. Additionally, the disputed domain names combine Complainant’s USPS® mark and a term that is descriptive of the Complainant’s hiring and recruitment efforts such as “career(s),” “careers(s) center(s),” and “job.” Furthermore, several of the disputed domain names were registered within close time of each other. Eight of the disputed domain names registered to Helen Hudson and the proxy service domain name were registered on April 27, 2017. The remaining disputed domain names were registered between August 2017 and April 2018. Also, all of the disputed domain names were registered through GoDaddy.com
The Panel finds all of the disputed domain names are commonly owned/controlled by a single Respondent who is using multiple aliases.
1. Respondent registered the disputed domain names on:
|
Disputed Domain Name: |
Registration Date: |
|
<usps-glp.com> |
December 23, 2017 |
|
<usps-nla.com> |
November 21, 2017 |
|
<usps-nlu.com> |
September 23, 2017 |
|
<usps-ttga.com> |
November 8, 2017 |
|
<usps-career.com> |
April 11, 2018 |
|
<usps-careercenter.com> |
April 11, 2018 |
|
<usps-careercenters.com> |
April 12, 2018 |
|
<usps-careers.com> |
April 11, 2018 |
|
<usps-careerscenter.com> |
April 12, 2018 |
|
<usps-jpr.com> |
August 17, 2017 |
|
<usps-amlu.com> |
March 24, 2018 |
|
<usps-amlf.com> |
March 24, 2018 |
|
<usps-ntd.com> |
March 12, 2018 |
|
<usps-ntdf.com> |
March 12, 2018 |
|
<usps-ntda.com> |
March 12, 2018 |
|
<usps-ntdu.com> |
March 14, 2018 |
|
<job-usps.info> |
April 27, 2017 |
|
<job-usps.org> |
April 27, 2017 |
|
<job-usps.net> |
April 27, 2017 |
|
<exam-usps.com> |
April 27, 2017 |
|
<exam-usps.org> |
April 27, 2017 |
|
<exam-usps.info> |
April 27, 2017 |
|
<usps-guide.com> |
October 6, 2017 |
|
<job-usps.com> |
April 27, 2017 |
|
<usps-job.com> |
April 27, 2017 |
2. Complainant has established rights in the USPS mark based upon registration with the USPTO (e.g. Reg. No. 2,423,574, registered Jan. 23, 2001).
3. Websites of the disputed domain names feature Respondent’s use of Complainant’s trademarks and trade dress next to the large and bold text, “The US Postal Service is Hiring” in connection with a $39.99 credit card charge."
4. Websites of the disputed domain names provide three clickable buttons that direct users to a series of web pages that ask for personal information such as verifying citizenship and employment eligibility, preferences for certain job positions, email address, and ZIP code.
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.
Complainant asserts rights in the USPS mark based upon registration with the USPTO (e.g. Reg. No. 2,423,574, registered Jan. 23, 2001). See Amend. Compl. Ex. 7. Registration of a mark with the USPTO sufficiently confers a complainant’s rights in a mark for the purposes of Policy ¶ 4(a)(i). See Humor Rainbow, Inc. v. James Lee, FA 1626154 (Forum Aug. 11, 2015) (stating, “There exists an overwhelming consensus amongst UDRP panels that USPTO registrations are sufficient in demonstrating a complainant’s rights under Policy ¶ 4(a)(i) and its vested interests in a mark. . . . Due to Complainant’s attached USPTO registration on the principal register at Exhibit 1, the Panel agrees that it has sufficiently demonstrated its rights per Policy ¶ 4(a)(i).”). Accordingly, the Panel finds that Complainant has established rights in the USPS mark.
Next, Complainant argues that Respondent’s <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names are confusingly similar to Complainant’s mark as each incorporates the entirety of the USPS mark, some also adding descriptive terms such as “career,” “job,” and “career center” to the mark. Further, some of the disputed domain names incorporate generic/descriptive terms such as “glp,” “nlu,” “nla,” and “ttga” which appear to be acronyms for descriptive terms relating to career offerings. Lastly, each incorporates a “.com,” “.info,” “.org,” or “.net” gTLD to form resolving domain names. Similar changes in a registered mark have failed to sufficiently distinguish a domain name for the purposes of Policy ¶4(a)(i). See YETI Coolers, LLC v. Randall Bearden, FA 16060016880755 (Forum Aug. 10, 2016) (finding that the words “powder coating” in the <yetipowdercoating.com> domain name are “merely explicative and directly refer to some of the services rendered by the Complainant” and, therefore, create an “irrefutable confusing similarity” to complainant’s YETI mark); Dell Inc. v. Protection of Private Person / Privacy Protection, FA 1681432 (Forum Aug. 1, 2016) (“A TLD (whether a gTLD, sTLD or ccTLD) is disregarded under a Policy ¶ 4(a)(i) analysis because domain name syntax requires TLDs. Likewise, the absence of spaces must be disregarded under a Policy ¶ 4(a)(i) analysis because domain name syntax prohibits them.”). The Panel therefore finds that the <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names are confusingly similar to the USPS mark under Policy ¶4(a)(i).
As Respondent has admitted in the Response that it has no legal rights to use the domain names presented in the Complaint, the Panel determines that Respondent has no legal rights or legitimate interests in any of the disputed domain names.
Complainant claims that Respondent registered and uses the <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names in bad faith because it attempts to pass off as Complainant. Passing off can evince bad faith registration and use. See Bittrex, Inc. v. Wuxi Yilian LLC, FA 1760517 (Forum Dec. 27, 2017) (finding bad faith per Policy ¶ 4(b)(iv) where “Respondent registered and uses the <lbittrex.com> domain name in bad faith by directing Internet users to a website that mimics Complainant’s own website in order to confuse users into believing that Respondent is Complainant, or is otherwise affiliated or associated with Complainant.”). Complainant provides screenshot evidence of Respondent’s use of Complainant’s trademarks and trade dress next to the large and bold text, “The US Postal Service is Hiring” in connection with a $39.99 credit card charge to pass off as Complainant for Respondent’s commercial gain. See Amend. Compl. Ex. 3.The Panel therefore concludes that Respondent registered and uses the disputed domains in bad faith.
Next, Complainant argues that Respondent engages in a phishing scheme to obtain personal or financial information. Using a confusingly similar domain name to phish for personal or financial information can provide evidence of bad faith registration and use within the meaning of Policy ¶ 4(a)(iii). See Klabzuba Oil & Gas, Inc. v. LAKHPAT SINGH BHANDARI, FA1506001625750 (Forum July 17, 2015) (“Respondent uses the <klabzuba-oilgas.com> domain to engage in phishing, which means Respondent registered and uses the domain name in bad faith under Policy ¶ 4(a)(iii).”). Complainant asserts Respondent’s disputed domain names provide three clickable buttons that direct users to a series of web pages that ask for personal information such as verifying citizenship and employment eligibility, preferences for certain job positions, email address, and ZIP code. See Amend. Compl. Ex. 3. Complainant alleges that these questions resemble standard job application questions and are designed to trick users into believing that they are filling out a job application with Complainant. Furthermore, the series of web pages concludes with an online application portal. Id. The application portal is displayed under the title “Confirmed. Applications Are Being Accepted in “Your Zip Code.” Moreover, the webpage states that “A Registration Fee of $39.99 is Required.” Id. The application portal also includes a field for consumers to provide credit card information. Id. Thus, the Panel concludes that Complainant sufficiently alleged Respondent’s bad faith within the meaning of Policy ¶ 4(a)(iii).
Last, Complainant claims that Respondent had actual notice or constructive knowledge of Complainant’s USPS mark. The Panel disregards arguments of bad faith based on constructive knowledge as UDRP case precedent declines to find bad faith as a result of constructive knowledge; however, actual knowledge is sufficient for a finding of bad faith pursuant to Policy ¶ 4(a)(iii). See The Way Int'l, Inc. v. Diamond Peters, D2003-0264 (WIPO May 29, 2003) ("As to constructive knowledge, the Panel takes the view that there is no place for such a concept under the Policy."); see also Univision Comm'cns Inc. v. Norte, FA 1000079 (Forum Aug. 16, 2007) (rejecting the respondent's contention that it did not register the disputed domain name in bad faith since the panel found that the respondent had knowledge of the complainant's rights in the UNIVISION mark when registering the disputed domain name). Actual knowledge can be determined in an analysis of the totality of the circumstances surrounding the registration and subsequent use per Policy ¶ 4(a)(iii). See Orbitz Worldwide, LLC v. Domain Librarian, FA 1535826 (Forum Feb. 6, 2014) (“The Panel notes that although the UDRP does not recognize ‘constructive notice’ as sufficient grounds for finding Policy ¶ 4(a)(iii) bad faith, the Panel here finds actual knowledge through the name used for the domain and the use made of it.”). Complainant contends that Respondent must have had actual knowledge of Complainant’s rights in the USPS mark based upon the indisputably famous nature of the mark and the goodwill attached to it. The Panel agrees with Complainant and infers, due to the manner of use of the disputed domain names and the fame of Complainant's mark finds that Respondent did have actual knowledge of Complainant’s mark, demonstrating bad faith under Policy ¶ 4(a)(iii).
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <usps-glp.com>, <usps-nla.com>, <usps-nlu.com>, <usps-ttga.com>, <usps-career.com>, <usps-careercenter.com>, <usps-careercenters.com>, <usps-careers.com>, <usps-careerscenter.com>, <usps-jpr.com>, <usps-amlu.com>, <usps-amlf.com>, <usps-ntd.com>, <usps-ntdf.com>, <usps-ntda.com>, <usps-ntdu.com>, <job-usps.info>, <job-usps.org>, <job-usps.net>, <exam-usps.com>, <exam-usps.org>, <exam-usps.info>, <usps-guide.com>, <job-usps.com>, and <usps-job.com> domain names be TRANSFERRED from Respondent to Complainant.
Ho Hyun Nahm, Esq., Panelist
Dated: July 27, 2018
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