Seattle Genetics, Inc. v. Parker Ann
Claim Number: FA1811001816185
Complainant is Seattle Genetics, Inc. ("Complainant"), represented by John C. Baum of Owen, Wickersham & Erickson, P.C., California, USA. Respondent is Parker Ann ("Respondent"), Oregon, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <seagens.com>, registered with Wild West Domains, 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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the Forum electronically on November 13, 2018; the Forum received payment on November 13, 2018.
On November 14, 2018, Wild West Domains, LLC confirmed by email to the Forum that the <seagens.com> domain name is registered with Wild West Domains, LLC and that Respondent is the current registrant of the name. Wild West Domains, LLC has verified that Respondent is bound by the Wild West Domains, 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 November 15, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 5, 2018 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@seagens.com. Also on November 15, 2018, the Written Notice of the Complaint, notifying Respondent of the email 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.
On November 20, the Forum received email correspondence from Ann Parker, denying that she had registered the disputed domain name.
Having received no formal response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On December 7, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin 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 a formal response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is a publicly -traded biotechnology company founded in 1998. Complainant's anti-cancer pharmaceutical preparation is available in 70 countries worldwide. Complainant uses SEAGEN in connection with this business. The mark is the subject of various trademark registrations in the United States and other jurisdictions; Complainant also asserts common-law rights in the mark.
The disputed domain name <seagens.com> was registered through a privacy registration service in October 2018. The privacy shield was lifted by the registrar upon the filing of the Complaint in this proceeding. Complainant states that the domain name has been used within an email address to send and receive deceptive phishing email messages targeted at Complainant and at least one of its suppliers. Complainant states that it has not authorized the registration of the disputed domain name and is not affiliated with Respondent.
Complainant contends on the above grounds that the disputed domain name <seagens.com> is confusingly similar to its SEAGEN mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent did not submit a formal Response in this proceeding. In email correspondence, Ann Parker expressed confusion at having received the hard copy Complaint regarding a domain name that she did not recognize, and denied having registered the domain name.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used 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 Management, 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.").
The disputed domain name <seagens.com> corresponds to Complainant's registered SEAGEN trademark, with the addition of a letter "s" and the ".com" top-level domain. These additions do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Google Inc. v. Texas International Property Associates, FA 1212995 (Forum Aug. 25, 2008) (finding <youtubes.com> confusingly similar to YOUTUBE). Accordingly, the Panel considers the disputed domain name to be confusingly similar to Complainant's registered mark.
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain name incorporates Complainant's registered mark without authorization, and it is being used in connection with a fraudulent phishing scheme. Such use clearly does not give rise to rights or legitimate interests under the Policy. See, e.g., Lionbridge Technologies, Inc. v. Luna Morgan, FA 1810668 (Forum Nov. 5, 2018) (finding lack of rights or legitimate interests under similar circumstances).
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."
Respondent registered a domain name nearly identical to the trademark and domain name of a biotechnology firm, using a privacy registration service and what appears to be an unrelated person's and contact information in order to conceal Respondent's identity; and is using the domain name in connection with a fraudulent phishing scheme. Such conduct is indicative of bad faith registration and use under the Policy. See, e.g., Securian Financial Group, Inc v. Warren Zaccaro, FA 1727086 (Forum May 31, 2017) (finding bad faith registration and use under similar circumstances). The Panel so finds.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <seagens.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: December 7, 2018
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