national arbitration forum

 

DECISION

 

State Farm Mutual Automobile Insurance Company v. Unasi Management, Inc.

Claim Number:  FA0505000472028

 

PARTIES

Complainant is State Farm Mutual Automobile Insurance Company (“Complainant”), One State Farm Plaza, A-3, Bloomington, IL 61710.  Respondent is Unasi Management Inc. (“Respondent”), Galerias Alvear, Via Argentina 2, Oficina #3, Zona 5, Panama 5235, PA.

 

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <astatefarminsurance.com>, <dstatefarminsurance.com>, <sstatefarminsurance.com>, <stateefarminsurance.com>, <statefarjinsurance.com>, <statefarmibsurance.com>, <statefarminasurance.com>, <statefarmindsurance.com>, <statefarmindurance.com>, <statefarminnsurance.com>, <statefarminsaurance.com>, <statefarminsdurance.com>, <statefarminsiurance.com>, <statefarminsuarnce.com>, <statefarminsuerance.com>, <statefarminsuirance.com>, <statefarminsuraance.com>, <statefarminsurabce.com>, <statefarminsuramnce.com>, <statefarminsuranbce.com>, <statefarminsurancc.com>, <statefarminsurancce.com>, <statefarmiinsurance.com>, <statefarminsurancr.com>, <statefarminsurancve.com>, <statefarminsurancxe.com>, <statefarminsuranec.com>, <statefarminsuranmce.com>, <statefarminsuranvce.com>, <statefarminsuranve.com>, <statefarminsuranxce.com>, <statefarminsursnce.com>, <statefarminsurtance.com>, <statefarminsutance.com>, <statefarminsutrance.com>, <statefarminsuurance.com>, <statefarminsuyrance.com>, <statefarminsyrance.com>, <statefarminsyurance.com>, <statefarminurance.com>, <statefarmisnurance.com>, <statefarmjnsurance.com>, <statefarmknsurance.com>, <statefarmminsurance.com>, <statefarmninsurance.com>, <statefarmnisurance.com>, <statefarmynsurance.com>, <statefarnminsurance.com>, <statefarrminsurance.com>, <stateffarminsurance.com> and <staterfarm.com>, registered with Iholdings.com, Inc. d/b/a Dotregistrar.com.

 

PANEL

The undersigned certifies that she has acted independently and impartially and that to the best of her knowledge she has no known conflict in serving as Panelist in this proceeding.  Hon. Carolyn Marks Johnson sits as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically May 4, 2005; the National Arbitration Forum received a hard copy of the Complaint May 5, 2005.

 

On May 6, 2005, Iholdings.com, Inc. d/b/a Dotregistrar.com, confirmed by e-mail to the National Arbitration Forum that the domain names <astatefarminsurance.com>, <dstatefarminsurance.com>, <sstatefarminsurance.com>, <stateefarminsurance.com>, <statefarjinsurance.com>, <statefarmibsurance.com>, <statefarminasurance.com>, <statefarmindsurance.com>, <statefarmindurance.com>, <statefarminnsurance.com>, <statefarminsaurance.com>, <statefarminsdurance.com>, <statefarminsiurance.com>, <statefarminsuarnce.com>, <statefarminsuerance.com>, <statefarminsuirance.com>, <statefarminsuraance.com>, <statefarminsurabce.com>, <statefarminsuramnce.com>, <statefarminsuranbce.com>, <statefarminsurancc.com>, <statefarminsurancce.com>, <statefarmiinsurance.com>, <statefarminsurancr.com>, <statefarminsurancve.com>, <statefarminsurancxe.com>, <statefarminsuranec.com>, <statefarminsuranmce.com>, <statefarminsuranvce.com>, <statefarminsuranve.com>, <statefarminsuranxce.com>, <statefarminsursnce.com>, <statefarminsurtance.com>, <statefarminsutance.com>, <statefarminsutrance.com>, <statefarminsuurance.com>, <statefarminsuyrance.com>, <statefarminsyrance.com>, <statefarminsyurance.com>, <statefarminurance.com>, <statefarmisnurance.com>, <statefarmjnsurance.com>, <statefarmknsurance.com>, <statefarmminsurance.com>, <statefarmninsurance.com>, <statefarmnisurance.com>, <statefarmynsurance.com>, <statefarnminsurance.com>, <statefarrminsurance.com>, <stateffarminsurance.com> and <staterfarm.com> are registered with Iholdings.com, Inc. d/b/a Dotregistrar.com and that Respondent is the current registrant of the names. Iholdings.com, Inc. d/b/a Dotregistrar.com verified that Respondent is bound by the Iholdings.com, Inc. d/b/a Dotregistrar.com registration agreement and thereby has agreed to resolve domain-name disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").

 

On May 10, 2005, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of May 31, 2005, by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts, and to postmaster@astatefarminsurance.com, postmaster@dstatefarminsurance.com, postmaster@sstatefarminsurance.com, postmaster@stateefarminsurance.com, postmaster@statefarjinsurance.com, postmaster@statefarmibsurance.com, postmaster@statefarminasurance.com, postmaster@statefarmindsurance.com, postmaster@statefarmindurance.com, postmaster@statefarminnsurance.com, postmaster@statefarminsaurance.com, postmaster@statefarminsdurance.com, postmaster@statefarminsiurance.com, postmaster@statefarminsuarnce.com, postmaster@statefarminsuerance.com, postmaster@statefarminsuirance.com, postmaster@statefarminsuraance.com, postmaster@statefarminsurabce.com, postmaster@statefarminsuramnce.com, postmaster@statefarminsuranbce.com, postmaster@statefarminsurancc.com, postmaster@statefarminsurancce.com, postmaster@statefarmiinsurance.com, postmaster@statefarminsurancr.com, postmaster@statefarminsurancve.com, postmaster@statefarminsurancxe.com, postmaster@statefarminsuranec.com, postmaster@statefarminsuranmce.com, postmaster@statefarminsuranvce.com, postmaster@statefarminsuranve.com, postmaster@statefarminsuranxce.com, postmaster@statefarminsursnce.com, postmaster@statefarminsurtance.com, postmaster@statefarminsutance.com, postmaster@statefarminsutrance.com, postmaster@statefarminsuurance.com, postmaster@statefarminsuyrance.com, postmaster@statefarminsyrance.com, postmaster@statefarminsyurance.com, postmaster@statefarminurance.com, postmaster@statefarmisnurance.com, postmaster@statefarmjnsurance.com, postmaster@statefarmknsurance.com, postmaster@statefarmminsurance.com, postmaster@statefarmninsurance.com, postmaster@statefarmnisurance.com, postmaster@statefarmynsurance.com, postmaster@statefarnminsurance.com, postmaster@statefarrminsurance.com, postmaster@stateffarminsurance.com and postmaster@staterfarm.com by e-mail.

 

Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.

 

On June 2, 2005, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Hon. Carolyn Marks Johnson as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration 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."  Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain names be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A.  Complainant makes the following assertions:

 

1.      The domain names that Respondent registered, <astatefarminsurance.com>, <dstatefarminsurance.com>, <sstatefarminsurance.com>, <stateefarminsurance.com>, <statefarjinsurance.com>, <statefarmibsurance.com>, <statefarminasurance.com>, <statefarmindsurance.com>, <statefarmindurance.com>, <statefarminnsurance.com>, <statefarminsaurance.com>, <statefarminsdurance.com>, <statefarminsiurance.com>, <statefarminsuarnce.com>, <statefarminsuerance.com>, <statefarminsuirance.com>, <statefarminsuraance.com>, <statefarminsurabce.com>, <statefarminsuramnce.com>, <statefarminsuranbce.com>, <statefarminsurancc.com>, <statefarminsurancce.com>, <statefarmiinsurance.com>, <statefarminsurancr.com>, <statefarminsurancve.com>, <statefarminsurancxe.com>, <statefarminsuranec.com>, <statefarminsuranmce.com>, <statefarminsuranvce.com>, <statefarminsuranve.com>, <statefarminsuranxce.com>, <statefarminsursnce.com>, <statefarminsurtance.com>, <statefarminsutance.com>, <statefarminsutrance.com>, <statefarminsuurance.com>, <statefarminsuyrance.com>, <statefarminsyrance.com>, <statefarminsyurance.com>, <statefarminurance.com>, <statefarmisnurance.com>, <statefarmjnsurance.com>, <statefarmknsurance.com>, <statefarmminsurance.com>, <statefarmninsurance.com>, <statefarmnisurance.com>, <statefarmynsurance.com>, <statefarnminsurance.com>, <statefarrminsurance.com>, <stateffarminsurance.com> and <staterfarm.com>, are confusingly similar to Complainant’s STATE FARM INSURANCE and STATE FARM marks.

 

2.      Respondent has no rights to or legitimate interests in the <astatefarminsurance.com>, <dstatefarminsurance.com>, <sstatefarminsurance.com>, <stateefarminsurance.com>, <statefarjinsurance.com>, <statefarmibsurance.com>, <statefarminasurance.com>, <statefarmindsurance.com>, <statefarmindurance.com>, <statefarminnsurance.com>, <statefarminsaurance.com>, <statefarminsdurance.com>, <statefarminsiurance.com>, <statefarminsuarnce.com>, <statefarminsuerance.com>, <statefarminsuirance.com>, <statefarminsuraance.com>, <statefarminsurabce.com>, <statefarminsuramnce.com>, <statefarminsuranbce.com>, <statefarminsurancc.com>, <statefarminsurancce.com>, <statefarmiinsurance.com>, <statefarminsurancr.com>, <statefarminsurancve.com>, <statefarminsurancxe.com>, <statefarminsuranec.com>, <statefarminsuranmce.com>, <statefarminsuranvce.com>, <statefarminsuranve.com>, <statefarminsuranxce.com>, <statefarminsursnce.com>, <statefarminsurtance.com>, <statefarminsutance.com>, <statefarminsutrance.com>, <statefarminsuurance.com>, <statefarminsuyrance.com>, <statefarminsyrance.com>, <statefarminsyurance.com>, <statefarminurance.com>, <statefarmisnurance.com>, <statefarmjnsurance.com>, <statefarmknsurance.com>, <statefarmminsurance.com>, <statefarmninsurance.com>, <statefarmnisurance.com>, <statefarmynsurance.com>, <statefarnminsurance.com>, <statefarrminsurance.com>, <stateffarminsurance.com> and <staterfarm.com> domain names.

 

3.      Respondent registered and used the <astatefarminsurance.com>, <dstatefarminsurance.com>, <sstatefarminsurance.com>, <stateefarminsurance.com>, <statefarjinsurance.com>, <statefarmibsurance.com>, <statefarminasurance.com>, <statefarmindsurance.com>, <statefarmindurance.com>, <statefarminnsurance.com>, <statefarminsaurance.com>, <statefarminsdurance.com>, <statefarminsiurance.com>, <statefarminsuarnce.com>, <statefarminsuerance.com>, <statefarminsuirance.com>, <statefarminsuraance.com>, <statefarminsurabce.com>, <statefarminsuramnce.com>, <statefarminsuranbce.com>, <statefarminsurancc.com>, <statefarminsurancce.com>, <statefarmiinsurance.com>, <statefarminsurancr.com>, <statefarminsurancve.com>, <statefarminsurancxe.com>, <statefarminsuranec.com>, <statefarminsuranmce.com>, <statefarminsuranvce.com>, <statefarminsuranve.com>, <statefarminsuranxce.com>, <statefarminsursnce.com>, <statefarminsurtance.com>, <statefarminsutance.com>, <statefarminsutrance.com>, <statefarminsuurance.com>, <statefarminsuyrance.com>, <statefarminsyrance.com>, <statefarminsyurance.com>, <statefarminurance.com>, <statefarmisnurance.com>, <statefarmjnsurance.com>, <statefarmknsurance.com>, <statefarmminsurance.com>, <statefarmninsurance.com>, <statefarmnisurance.com>, <statefarmynsurance.com>, <statefarnminsurance.com>, <statefarrminsurance.com>, <stateffarminsurance.com> and <staterfarm.com> domain names in bad faith.

 

B.  Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant, State Farm Mutual Automobile Insurance Company, is a nationally known company that has been doing business under the STATE FARM mark since 1930.  Complainant engages in business in both the insurance and financial services industry and has established a nationally recognized presence on televised and other media. 

 

Complainant registered the STATE FARM (Reg. No. 1,979,585 issued June 11, 1996) and STATE FARM INSURANCE (Reg. No. 1,125,010 issued September 11, 1979) marks with the United States Patent and Trademark Office (“USPTO”). 

 

Respondent registered the disputed domain names between April 3 and May 2, 2005.  The disputed domain names resolve to websites that feature links to competing insurance companies.

 

DISCUSSION

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."

 

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(e), 14(a) and 15(a) of the Rules and will draw such inferences as the Panel considers appropriate pursuant to paragraph 14(b) of the Rules.

 

Paragraph 4(a) of the Policy requires Complainant to 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.

 

Identical to and/or Confusingly Similar

 

Complainant established using extrinsic proof in this proceeding that it has established rights in the STATE FARM and STATE FARM INSURANCE marks through registration with the USPTO.  See Men’s Wearhouse, Inc. v. Wick, FA 117861 (Nat. Arb. Forum Sept. 16, 2002) (“Under U.S. trademark law, registered marks hold a presumption that they are inherently distinctive and have acquired secondary meaning.”); see also Am. Online, Inc. v. Thomas P. Culver Enters., D2001-0564 (WIPO June 18, 2001) (finding that successful trademark registration with the United States Patent and Trademark Office creates a presumption of rights in a mark).

 

The domain names that Respondent registered are confusingly similar to Complainant’s STATE FARM and STATE FARM INSURANCE marks as the disputed domain names are various typosquatted spellings of Complainant’s marks, incorporating minor changes such as added or replaced letters.  Additionally, the disputed domain names add the generic top-level domain “.com” and omit the space between the terms in Complainant’s marks.  Such alterations are not enough to overcome a finding of confusing similarity between Respondent’s domain names and Complainant’s marks pursuant to Policy ¶ 4(a)(i).  See Marriott Int'l, Inc. v. Seocho, FA 149187 (Nat. Arb. Forum Apr. 28, 2003) (finding that the respondent's <marrriott.com> domain name was confusingly similar to the complainant's MARRIOTT mark because "Respondent's typosquatting, by its definition, renders the domain name confusingly similar to Complainant's mark"); see also Neiman Marcus Group, Inc. v. Party Night, Inc., FA 114546 (Nat. Arb. Forum July 23, 2002) (finding the disputed domain name was a simple misspelling of the complainant’s mark and was a classic example of typosquatting, which “renders the domain name confusingly similar to the altered famous mark”); see also Nev. State Bank v. Modern Ltd. – Cayman Web Dev., FA 204063 (Nat. Arb. Forum Dec. 6, 2003) (“It has been established that the addition of a generic top-level domain is irrelevant when considering whether a domain name is identical or confusingly similar under the Policy.”); see also Hannover Ruckversicherungs-AG v. Ryu, FA 102724 (Nat. Arb. Forum Jan. 7, 2001) (finding <hannoverre.com> to be identical to HANNOVER RE, “as spaces are impermissible in domain names and a generic top-level domain such as ‘.com’ or ‘.net’ is required in domain names”).

 

The Panel finds that Policy ¶ 4(a)(i) has been satisfied.

 

Rights or Legitimate Interests

 

Complainant established that it has rights to and interests in the marks contained within the disputed domain names.  Complainant alleges that Respondent has no such rights or interests. Respondent did not respond to the Complaint.  Thus, the Panel accepts all reasonable allegations and assertions set forth by Complainant as true and accurate.  See Bayerische Motoren Werke AG v. Bavarian AG, FA 110830 (Nat. Arb. Forum June 17, 2002) (finding that in the absence of a response, the Panel is free to make inferences from the very failure to respond and assign greater weight to certain circumstances than it might otherwise do); see also Do the Hustle, LLC v. Tropic Web, D2000-0624 (WIPO Aug. 21, 2000) (“Failure of a respondent to come forward to [contest complainant’s allegations] is tantamount to admitting the truth of complainant’s assertion in this regard.”).

 

Complainant’s assertion that Respondent has no rights or legitimate interests in the disputed domain names is sufficient to require Respondent to come forward with proof to the contrary.  In not submitting a response, Respondent failed to rebut this allegation.  Thus, the Panel interprets Respondent’s failure to respond as evidence that Respondent lacks rights and legitimate interests in the disputed domain names pursuant to Policy ¶ 4(a)(ii).  See Parfums Christian Dior v. QTR Corp., D2000-0023 (WIPO Mar. 9, 2000) (finding that by not submitting a Response, Respondent has failed to invoke any circumstance which could demonstrate any rights or legitimate interests in the domain name); see also Bank of Am. Corp. v. McCall, FA 135012 (Nat. Arb. Forum Dec. 31, 2002) (“Respondent's failure to respond not only results in its failure to meet its burden, but also will be viewed as evidence itself that Respondent lacks rights and legitimate interests in the disputed domain name.”).

 

Respondent is using the confusingly similar domain names to operate websites that feature links to competing insurance websites.  The Panel infers that Respondent earns click-through fees for diverting Internet users to these competing websites.  Such competing use is not a use in connection with a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii).  See Ameritrade Holdings Corp. v. Polanski, FA 102715 (Nat. Arb. Forum Jan. 11, 2002) (finding that the respondent’s use of the disputed domain name to redirect Internet users to a financial services website, which competed with the complainant, was not a bona fide offering of goods or services); see also Winmark Corp. v. In The Zone, FA 128652 (Nat. Arb. Forum Dec. 6, 2002) (finding that the respondent had no rights or legitimate interests in a domain name that used the complainant’s mark to redirect Internet users to a competitor’s website).

 

Furthermore, nothing in the record indicates that Respondent is either commonly known by the disputed domain names or authorized to register domain names featuring variations of Complainant’s STATE FARM and STATE FARM INSURANCE marks.  Thus, the Panel finds that Respondent has not established rights or legitimate interests in the disputed domain names pursuant to Policy ¶ 4(c)(ii).  See Tercent Inc. v. Lee Yi, FA 139720 (Nat. Arb. Forum Feb. 10, 2003) (stating “nothing in the respondent’s WHOIS information implies that the respondent is ‘commonly known by’ the disputed domain name” as one factor in determining that Policy ¶ 4(c)(ii) does not apply); see also Compagnie de Saint Gobain v. Com-Union Corp., D2000-0020 (WIPO Mar. 14, 2000) (finding no rights or legitimate interests where the respondent was not commonly known by the mark and never applied for a license or permission from the complainant to use the trademarked name).

 

Moreover, the fact that Respondent’s domain names are typosquatted variations of Complainant’s marks is further evidence that Respondent lacks rights and legitimate interests in the disputed domain names pursuant to Policy ¶ 4(a)(ii).  See IndyMac Bank F.S.B. v. Ebeyer, FA 175292 (Nat. Arb. Forum Sept. 19, 2003) (finding that the respondent lacked rights and legitimate interests in the disputed domain names because it "engaged in the practice of typosquatting by taking advantage of Internet users who attempt to access Complainant's <indymac.com> website but mistakenly misspell Complainant's mark by typing the letter 'x' instead of the letter 'c'"); see also LTD Commodities LLC v. Party Night, Inc., FA 165155 (Nat. Arb. Forum Aug. 14, 2003) (finding that the <ltdcommadities.com>, <ltdcommmodities.com> and <ltdcommodaties.com> disputed domain names were typosquatted versions of the complainant's LTD COMMODITIES mark and "Respondent's 'typosquatting' is evidence that Respondent lacks rights or legitimate interests in the disputed domain names").

 

The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.

 

Registration and Use in Bad Faith

 

Complainant alleges that Respondent acted in bad faith in registering and using the disputed domain names.  Respondent is using the confusingly similar domain names to operate websites that feature links to competing insurance websites.  The Panel finds that such competing use constitutes disruption and is evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(iii).  See S. Exposure v. S. Exposure, Inc., FA 94864 (Nat. Arb. Forum July 18, 2000) (finding the respondent acted in bad faith by attracting Internet users to a website that competes with the complainant’s business); see also Puckett v. Miller, D2000-0297 (WIPO June 12, 2000) (finding that the respondent diverted business from the complainant to a competitor’s website in violation of Policy ¶ 4(b)(iii)).

 

The Panel infers that Respondent receives click-through fees through diverting consumers to competing insurance providers.  Because Respondent’s domain names are confusingly similar to Complainant’s mark, consumers accessing the disputed domain names may become confused as to Complainant’s affiliation with the resulting websites.  Thus, Respondent’s commercial use of the disputed domain names constitutes bad faith registration and use pursuant to Policy ¶ 4(b)(iv).  See Kmart v. Khan, FA 127708 (Nat. Arb. Forum Nov. 22, 2002) (finding that if the respondent profits from its diversionary use of the complainant’s mark when the domain name resolves to commercial websites and the respondent fails to contest the Complaint, it may be concluded that the respondent is using the domain name in bad faith pursuant to Policy ¶ 4(b)(iv)); see also Am. Univ. v. Cook, FA 208629 (Nat. Arb. Forum Dec. 22, 2003) (“Registration and use of a domain name that incorporates another's mark with the intent to deceive Internet users in regard to the source or affiliation of the domain name is evidence of bad faith.”).

 

Furthermore, Respondent registered the disputed domain names with actual or constructive knowledge of Complainant’s rights in the STATE FARM and STATE FARM INSURANCE marks due to Complainant’s registration of the marks with the USPTO.  Moreover, the Panel infers that Respondent registered the domain names with actual knowledge of Complainant’s marks due to the obvious connection between the content featured and advertised on Respondent’s websites and Complainant’s services.  Registration of domain names that are confusingly similar another’s mark despite actual or constructive knowledge of the mark holder’s rights is evidence of bad faith registration and use under Policy ¶ 4(a)(iii).  See Digi Int’l v. DDI Sys., FA 124506 (Nat. Arb. Forum Oct. 24, 2002) (“[T]here is a legal presumption of bad faith, when Respondent reasonably should have been aware of Complainant’s trademarks, actually or constructively.”); see also Orange Glo Int’l v. Blume, FA 118313 (Nat. Arb. Forum Oct. 4, 2002) (“Complainant’s OXICLEAN mark is listed on the Principal Register of the USPTO, a status that confers constructive notice on those seeking to register or use the mark or any confusingly similar variation thereof.”); see also Pfizer, Inc. v. Suger, D2002-0187 (WIPO Apr. 24, 2002) (finding that because the link between the complainant’s mark and the content advertised on the respondent’s website was obvious, the respondent “must have known about Complainant’s mark when it registered the subject domain name”).

 

Additionally, the fact that Respondent’s domain names are merely typosquatted variations of Complainant’s STATE FARM and STATE FARM INSURANCE marks is evidence that Respondent registered and used the domain names in bad faith pursuant to Policy ¶ 4(a)(iii).  See Zone Labs, Inc. v. Zuccarini, FA 190613 (Nat. Arb. Forum Oct. 15, 2003) (finding that the respondent registered and used the <zonelarm.com> domain name in bad faith pursuant to Policy ¶ 4(a)(iii) because the name was merely a typosquatted version of the complainant's ZONEALARM mark); see also K.R. USA, Inc. v. So So Domains, FA 180624 (Nat. Arb. Forum Sept. 18, 2003) (finding that the <philadelphiaenquirer.com> and <tallahassedemocrat.com> domain names were typosquatted versions of the complainant's THE PHILADELPHIA INQUIRER and TALLAHASSEE DEMOCRAT marks. "Furthermore, [pursuant to Policy ¶ 4(a)(iii)] the very practice of typosquatting, in which Respondent has engaged, has been deemed behavior in bad faith.").

 

The Panel finds that Policy ¶ 4(a)(iii) has been satisfied.

 

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <astatefarminsurance.com>, <dstatefarminsurance.com>, <sstatefarminsurance.com>, <stateefarminsurance.com>, <statefarjinsurance.com>, <statefarmibsurance.com>, <statefarminasurance.com>, <statefarmindsurance.com>, <statefarmindurance.com>, <statefarminnsurance.com>, <statefarminsaurance.com>, <statefarminsdurance.com>, <statefarminsiurance.com>, <statefarminsuarnce.com>, <statefarminsuerance.com>, <statefarminsuirance.com>, <statefarminsuraance.com>, <statefarminsurabce.com>, <statefarminsuramnce.com>, <statefarminsuranbce.com>, <statefarminsurancc.com>, <statefarminsurancce.com>, <statefarmiinsurance.com>, <statefarminsurancr.com>, <statefarminsurancve.com>, <statefarminsurancxe.com>, <statefarminsuranec.com>, <statefarminsuranmce.com>, <statefarminsuranvce.com>, <statefarminsuranve.com>, <statefarminsuranxce.com>, <statefarminsursnce.com>, <statefarminsurtance.com>, <statefarminsutance.com>, <statefarminsutrance.com>, <statefarminsuurance.com>, <statefarminsuyrance.com>, <statefarminsyrance.com>, <statefarminsyurance.com>, <statefarminurance.com>, <statefarmisnurance.com>, <statefarmjnsurance.com>, <statefarmknsurance.com>, <statefarmminsurance.com>, <statefarmninsurance.com>, <statefarmnisurance.com>, <statefarmynsurance.com>, <statefarnminsurance.com>, <statefarrminsurance.com>, <stateffarminsurance.com> and <staterfarm.com> domain names be TRANSFERRED from Respondent to Complainant.

 

 

Hon. Carolyn Marks Johnson, Panelist

Dated: June 15, 2005.

 

 

 

 

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