Capital One Financial Corp. v. Karan Bhardwaj / ABSTechno
Claim Number: FA1906001846495
Complainant is Capital One Financial Corp. (“Complainant”), represented by John Gary Maynard, Virginia, USA. Respondent is Karan Bhardwaj / ABSTechno (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <capitalonelogin.xyz>, 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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on June 5, 2019; the Forum received payment on June 5, 2019.
On June 6, 2019, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <capitalonelogin.xyz> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. 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 10, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 1, 2019 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@capitalonelogin.xyz. Also on June 10, 2019, 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 July 5, 2019, 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 is a major financial institution that is headquartered in McLean, Virginia, and offers a broad spectrum of financial products and services to consumers, small business and commercial clients. Complainant has rights in the CAPITAL ONE mark through its trademark registrations around the world, including with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 2,065,991, registered May 27, 1997). Respondent’s <capitalonelogin.xyz> domain name is confusingly similar to Complainant’s CAPITAL ONE mark as Respondent incorporates the mark in its entirety, while adding the generic term “login” and a “.xyz” generic top-level domain (“gTLD”).
Respondent registered the <capitalonelogin.xyz> domain name on August 14, 2018.
Respondent has no rights or legitimate interests in the <capitalonelogin.xyz> domain name. Respondent is not authorized to use Complainant’s CAPITAL ONE mark and is not commonly known by the disputed domain name. Additionally, Respondent fails to use the disputed domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use. Rather, Respondent’s domain name resolves to a webpage that contains links to Complainant’s own website as well as to third-party competing websites.
Respondent registered and uses the <capitalonelogin.xyz> domain name in bad faith. Respondent attempts to disrupt Complainant’s business. Furthermore, Respondent had actual knowledge of Complainant’s rights in the famous CAPITAL ONE mark prior to registration of the domain name.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant is a major financial institution that is headquartered in McLean, Virginia, and offers a broad spectrum of financial products and services to consumers, small business and commercial clients. Complainant has rights in the CAPITAL ONE mark through its trademark registrations around the world, including with the USPTO (e.g., Reg. No. 2,065,991, registered May 27, 1997). Respondent’s <capitalonelogin.xyz> domain name is confusingly similar to Complainant’s CAPITAL ONE mark.
Respondent registered the <capitalonelogin.xyz> domain name on August 14, 2018.
Respondent has no rights or legitimate interests in the <capitalonelogin.xyz> domain name. Respondent’s domain name resolves to a webpage that contains links to Complainant’s own website as well as to third-party competing websites.
Respondent registered and uses the <capitalonelogin.xyz> 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 set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (“Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint”).
Complainant has rights in the CAPITAL ONE mark under Policy ¶ 4(a)(i) based upon registration of the mark with the USPTO. See Home Depot Product Authority, LLC v. Samy Yosef / Express Transporting, FA 1738124 (Forum July 28, 2017) (finding that registration with the USPTO was sufficient to establish the complainant’s rights in the HOME DEPOT mark).
Respondent’s <capitalonelogin.xyz> domain name is confusingly similar to the CAPITAL ONE mark, as the name incorporates the mark in its entirety while adding the generic term “login” and “.xyz” gTLD.
Respondent has no rights or legitimate interests in the <capitalonelogin.xyz> domain name. Complainant has not authorized Respondent to use the CAPITAL ONE mark. The WHOIS information identifies the registrant of the domain name as “Karan Bhardwaj / ABSTechno.” See Reese v. Morgan, FA 917029 (Forum Apr. 5, 2007) (concluding that the respondent was not commonly known by the <lilpunk.com> domain name as there was no evidence in the record showing that the respondent was commonly known by that domain name, including the WHOIS information as well as the complainant’s assertion that it did not authorize or license the respondent’s use of its mark in a domain name). Therefore, Respondent is not commonly known by the <capitalonelogin.xyz> domain name under Policy ¶ 4(c)(ii).
Respondent has failed to use the <capitalonelogin.xyz> domain name to make a bona fide offering of goods or services or for a legitimate noncommercial or fair use per Policy ¶¶ 4(c)(i) or (iii). Respondent’s domain name resolves to a website which is being used to obtain click-through revenue by linking to Complainant’s website and third-party websites, some of which compete with Complainant’s business. See Danbyg Ejendomme A/S v. lb Hansen / guerciotti, FA1504001613867 (Forum June 2, 2015) (finding that the respondent had failed to provide a bona fide offering of goods or services, or a legitimate noncommercial or fair use of the disputed domain name where the disputed domain name resolved to a website that offered both competing hyperlinks and hyperlinks unrelated to the complainant’s business).
Respondent’s <capitalonelogin.xyz> domain name links to third party websites, some of which compete with Complainant’s business. Use of a domain name to resolve to a page of third-party links, including competitive links, shows Respondent’s bad faith per Policy ¶ 4(b)(iii). See Health Republic Insurance Company v. Above.com Legal, FA1506001622088 (Forum July 10, 2015) (“The use of a domain name’s resolving website to host links to competitors of a complainant shows intent to disrupt that complainant’s business, thereby showing bad faith in use and registration under Policy ¶ 4(b)(iii).”).
Respondent registered the <capitalonelogin.xyz> domain name with actual knowledge of Complainant's CAPITAL ONE mark. Therefore, Respondent registered and uses the domain name in bad faith under Policy ¶ 4(a)(iii). See Orbitz Worldwide, LLC v. Domain Librarian, FA 1535826 (Forum Feb. 6, 2014) (finding Policy ¶ 4(a)(iii) bad faith from actual knowledge shown through the name and use of the domain).
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 <capitalonelogin.xyz> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: July 19, 2019
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