United States Postal Service v. Helen Hudson / Smart Logistics / Gary Plott / Judy Knowles / Fortune ITECH / Md. Arifur Rahman
Claim Number: FA1811001815072
Complainant is United States Postal Service (“Complainant”), represented by Jennifer A. Van Kirk of Lewis Roca Rothgerber Christie LLP, Arizona, USA. Respondent is Helen Hudson / Smart Logistics / Gary Plott / Judy Knowles / Fortune ITECH / Md. Arifur Rahman (“Respondent”).
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <usps-aml.com>, <usps-amla.com>, <usps-exams.com>, <usps-jps.com>, <usps-nl.com>, <usps-nlf.com>, <usps-pjps.com>, <usps-ttgf.com>, <usps-ttgu.com>, <uspscareercenter.com>, <uspsjobscenter.com>, <usps-hiring.com>, <uspsjob.org>, <usps-job.net>, <usps-openings.com>, <exam-usps.net>, <postalservicescenter.com>, <jobusps.com>, <uspsntdu.com>, <uspsttga.com>, <uspsamlu.com>, and <uspsntda.com>, registered with GoDaddy.com, LLC; and <nypostalservices.com>, <capostalservices.com>, <uspostalservices.info>, and <texaspostalservices.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.
Richard Hill as Panelist.
Complainant submitted a Complaint to the Forum electronically on November 5, 2018; the Forum received payment on November 5, 2018.
On November 6, 2018, NameSilo, LLC confirmed by e-mail to the Forum that the <nypostalservices.com>, <capostalservices.com>, <uspostalservices.info>, and <texaspostalservices.com> domain names are registered with NameSilo, LLC and that Respondent is the current registrant of the names. On November 7, 2018, November 8, 2018, and November 28, 2018, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <usps-aml.com>, <usps-amla.com>, <usps-exams.com>, <usps-jps.com>, <usps-nl.com>, <usps-nlf.com>, <usps-pjps.com>, <usps-ttgf.com>, <usps-ttgu.com>, <uspscareercenter.com>, <uspsjobscenter.com>, <usps-hiring.com>, <uspsjob.org>, <usps-job.net>, <usps-openings.com>, <exam-usps.net>, <postalservicescenter.com>, <jobusps.com>, <uspsntdu.com>, <uspsttga.com>, <uspsamlu.com>, <uspsntda.com> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC and NameSilo, LLC have verified that Respondent is bound by the respective registration agreements 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 December 4, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 24, 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-aml.com, postmaster@usps-amla.com, postmaster@usps-exams.com, postmaster@usps-jps.com, postmaster@usps-nl.com, postmaster@usps-nlf.com, postmaster@usps-pjps.com, postmaster@usps-ttgf.com, postmaster@usps-ttgu.com, postmaster@uspscareercenter.com, postmaster@uspsjobscenter.com, postmaster@usps-hiring.com, postmaster@uspsjob.org, postmaster@usps-job.net, postmaster@usps-openings.com, postmaster@exam-usps.net, postmaster@nypostalservices.com, postmaster@capostalservices.com, postmaster@uspostalservices.info, postmaster@postalservicescenter.com, postmaster@texaspostalservices.com, postmaster@jobusps.com, postmaster@uspsntdu.com, postmaster@uspsttga.com, postmaster@uspsamlu.com, postmaster@uspsntda.com. Also on December 4, 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.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default. Respondent did however send an e-mail to the Forum, see below.
On 30 December 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Richard Hill 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 names be transferred from Respondent to Complainant.
A. Complainant
Complainant states that it serves millions of customers daily and sets the global industry standard for mailing and shipping related goods and services. Complainant has rights in the USPS, UNITED STATES POSTAL SERVICE, and the US POSTAL SERVICE marks through its trademark registrations in the United States in, respectively, 2001, 2005, and 2003. Complainant also has common law rights in the THE POSTAL SERVICE mark. Respondent’s <usps-aml.com>, <usps-amla.com>, <usps-exams.com>, <usps-jps.com>, <usps-nl.com>, <usps-nlf.com>,<usps-pjps.com>, <usps-ttgf.com>, <usps-ttgu.com>, <uspscareercenter.com>, <uspsjobscenter.com>, <usps-hiring.com>, <uspsjob.org>, <usps-job.net>, <usps-openings.com>, <exam-usps.net>, <nypostalservices.com>, <capostalservices.com>, <uspostalservices.info>, <postalservicescenter.com>, <texaspostalservices.com>, <jobusps.com>, <uspsntdu.com>, <uspsttga.com>, <uspsamlu.com>, and <uspsntda.com> domain names are confusingly similar to Complainant’s USPS, US POSTAL SERVICE, UNITED STATES POSTAL SERVICE, or THE POSTAL SERVICE marks as they incorporate one of the marks in their entirety, while some add a descriptive term (“career,” “job,” “career center,” or “job center”), others a geographic term (“ny,” “ca,” “us,” or “texas”), several add a generic term (“aml,” “amla,” “exams,” “jps,” “nl,” “nlf,” “pjps,” “ttgf,” “ttgu,” “ntdu,” “ttga,” “openings,” “amlu,” or “ntda”), several include a hyphen, and all of the domain names incorporate a generic top-level domain (“gTLD”) (“.com,” “.org,” “.net,” or “.info”).
Respondent has no rights or legitimate interests in the disputed domain names. Respondent is not authorized or licensed to use Complainant’s marks and is not commonly known by any of the disputed domain names. Additionally, Respondent fails to use the disputed domain names in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use. Rather, Respondent uses several of the disputed domain names to induce customers to purchase competing services from Respondent, believing there is an affiliation between Complainant and Respondent. Respondent also appears to trick users into providing confidential and/or personal information as part of a phishing scheme.
Respondent registered and is using the disputed domain names in bad faith. Respondent intentionally attempts to attract, for commercial gain, users to the disputed domain name where it passes off as Complainant in order to directly compete. Further, Respondent attempts to obtain users’ personal information through a phishing scheme. Finally, Respondent had actual knowledge of Complainant’s rights in the marks prior to registering and subsequent use of the disputed domain names.
B. Respondent
Respondent failed to submit a Response in this proceeding. However, it its e-mail to the Forum, Respondent states, in pertinent part: “According to the documents received, the Remedy Sought is as follows: ‘the Complainant respectfully requests that the Panel issue a decision transferring the Domain Names to Complainant.’ Efforts are already being made to accommodate this request. Right now, for 25 of the 26 Domains, the sites have been taken down, DNS entries have been changed, and they are ready to have ownership transferred to USPS as requested in the Remedy Sought. This includes 4 Domain Names from an affiliate. The final Domain will be taken down and ready to transfer in the next week. We would like to inquire how the USPS would like to proceed with transferring the Domain Names to them. In order to do so we would need to know where they want the Domain Names to be transferred. Once this information is received, the Domain Names will be transferred to the Complainant and exhibits will be presented showing proof of the transfer.”
For the reasons set forth below, the Panel will not make any findings of fact.
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.
Preliminary Issue: Multiple Respondents
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 contends that eight of the domain names are registered to Helen Hudson, all of the domain names registered to Gary Plott, three of the domain names registered to Md. Arifur Rahman, and the domain name registered to Judy Knowles all redirect to the same website, “US Job Services.” The websites linked to <usps-hiring.com>, <uspsjobs.org>, and <usps-jobs.net> are slightly different websites entitled “US Jobs Services” and “My Postal Job.” The <capostalservices.com> does not redirect to a websites, but was registered Md. Arifur Rahman and shares the same IP address as the <nypostalservices.com>, <uspostalservices.info>, and <texaspostalservices.com> domain names. All of the disputed domain names incorporate Complainant’s marks, USPS, POSTAL SERVICE, US POSTAL SERVICE, or UNITED STATES POSTAL SERVICE, along with a descriptive term and/or geographic indicators. Several of the disputed domain names were registered between March and August, 2018, while the remaining were registered between February and December, 2017. All of the disputed domain names were registered with either GoDaddy.com or NameSilo, LLC. Furthermore, twenty of the disputed domain names share the same IP address, while the other four share the same IP address.
The Panel notes that an e-mail from Respondent refers to all of the disputed domain names, and consents to transfer all of them.
On the basis of the evidence in the record, the Panel finds that the disputed domain names are commonly owned/controlled by a single Respondent who is using multiple aliases. See The Valspar Corporation v. Zhou Zhiliang / zhouzhiliang / Zhiliang Zhou / Eric Chow / Visspa Ltd., FA100800133934 (Forum Sept. 28, 2010); see also BBY Solutions, Inc. v. White Apple / Dev Kumar, FA1805001787251 (Forum June 20, 2018).
Consequently, the Panel will rule on all the disputed domain names, and the registrants are collectively referred to as “Respondent”.
Preliminary Issue: Consent to Transfer
In the present case, the parties have both asked for the disputed domain names to be transferred to the Complainant. In accordance with a general legal principle governing arbitrations as well as national court proceedings, this Panel holds that it cannot act nec ultra petita nec infra petita, that is, that it cannot issue a decision that would be either less than requested, nor more than requested by the parties. Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.
See Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004); see also Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
For the reasons set forth above, the Panel will not analyze this element of the Policy.
For the reasons set forth above, the Panel will not analyze this element of the Policy.
For the reasons set forth above, the Panel will not analyze this element of the Policy.
Given the common request of the Parties, it is Ordered that the <usps-aml.com>, <usps-amla.com>, <usps-exams.com>, <usps-jps.com>, <usps-nl.com>, <usps-nlf.com>, <usps-pjps.com>, <usps-ttgf.com>, <usps-ttgu.com>, <uspscareercenter.com>, <uspsjobscenter.com>, <usps-hiring.com>, <uspsjob.org>, <usps-job.net>, <usps-openings.com>, <exam-usps.net>, <nypostalservices.com>, <capostalservices.com>, <uspostalservices.info>, <postalservicescenter.com>, <texaspostalservices.com>, <jobusps.com>, <uspsntdu.com>, <uspsttga.com>, <uspsamlu.com>, and <uspsntda.com> domain names be TRANSFERRED from Respondent to Complainant.
Richard Hill, Panelist
Dated: 31 December 2018
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