Chevron Intellectual Property LLC v. Zhichao Yang
Claim Number: FA2108001959508
Complainant is Chevron Intellectual Property LLC (“Complainant”), represented by Fred W. Hathaway of DICKINSON WRIGHT PLLC, District of Columbia, USA. Respondent is Zhichao Yang (“Respondent”), China.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <chevrontexavobusinessmanager.com>, <cchevrontexacobusinessmanager.com>, <chevronetxacobusinessmanager.com>, <chevronexacobusinessmanager.com>, <chevronntexacobusinessmanager.com>, <chevronrexacobusinessmanager.com>, <chevronteacobusinessmanager.com>, <chevronteaxcobusinessmanager.com>, <chevrontecacobusinessmanager.com>, <chevronteexacobusinessmanager.com>, <chevrontesacobusinessmanager.com>, <chevrontexaacobusinessmanager.com>, <chevrontexac0businessmanager.com>, <chevrontexacbousinessmanager.com>, <chevrontexacbusinessmanager.com>, <chevrontexaccobusinessmanager.com>, <chevrontexacibusinessmanager.com>, <chevrontexacobbusinessmanager.com>, <chevrontexacobisinessmanager.com>, <chevrontexacobsinessmanager.com>, <chevrontexacobsuinessmanager.com>, <chevrontexacobuainessmanager.com>, <chevrontexacobudinessmanager.com>, <chevrontexacobuinessmanager.com>, <chevrontexacobusibessmanager.com>, <chevrontexacobusienssmanager.com>, <chevrontexacobusiessmanager.com>, <chevrontexacobusiinessmanager.com>, <chevrontexacobusimessmanager.com>, <chevrontexacobusineasmanager.com>, <chevrontexacobusinedsmanager.com>, <chevrontexacobusineessmanager.com>, <chevrontexacobusinesamanager.com>, <chevrontexacobusinesdmanager.com>, <chevrontexacobusinesmsanager.com>, <chevrontexacobusinessamnager.com>, <chevrontexacobusinessanager.com>, <chevrontexacobusinessmaager.com>, <chevrontexacobusinessmaanager.com>, <chevrontexacobusinessmaanger.com>, <chevrontexacobusinessmabager.com>, <chevrontexacobusinessmamager.com>, <chevrontexacobusinessmanaager.com>, <chevrontexacobusinessmanaegr.com>, <chevrontexacobusinessmanaer.com>, <chevrontexacobusinessmanafer.com>, <chevrontexacobusinessmanagee.com>, <chevrontexacobusinessmanageer.com>, <chevrontexacobusinessmanagerr.com>, <chevrontexacobusinessmanagers.com>, <chevrontexacobusinessmanaget.com>, <chevrontexacobusinessmanagger.com>, <chevrontexacobusinessmanagr.com>, <chevrontexacobusinessmanagre.com>, <chevrontexacobusinessmanagrr.com>, <chevrontexacobusinessmanagwr.com>, <chevrontexacobusinessmanaher.com>, <chevrontexacobusinessmangaer.com>, <chevrontexacobusinessmannager.com>, <chevrontexacobusinessmmanager.com>, <chevrontexacobusinessmnaager.com>, <chevrontexacobusinessmnager.com>, <chevrontexacobusinessmsnager.com>, <chevrontexacobusinessnanager.com>, <chevrontexacobusinnessmanager.com>, <chevrontexacobusinrssmanager.com>, <chevrontexacobusinsesmanager.com>, <chevrontexacobusinssmanager.com>, <chevrontexacobusinwssmanager.com>, <chevrontexacobuslnessmanager.com>, <chevrontexacobusnessmanager.com>, <chevrontexacobusniessmanager.com>, <chevrontexacobusonessmanager.com>, <chevrontexacobusunessmanager.com>, <chevrontexacobuusinessmanager.com>, <chevrontexacobysinessmanager.com>, <chevrontexaconusinessmanager.com>, <chevrontexacoobusinessmanager.com>, <chevrontexacoubsinessmanager.com>, <chevrontexacousinessmanager.com>, <chevrontexacovusinessmanager.com>, <chevrontexacpbusinessmanager.com>, <chevrontexaobusinessmanager.com>, <chevrontexaocbusinessmanager.com>, <chevrontexaxobusinessmanager.com>, <chevrontexcaobusinessmanager.com>, <chevrontexcobusinessmanager.com>, <chevrontexscobusinessmanager.com>, <chevrontexxacobusinessmanager.com>, <chevrontezacobusinessmanager.com>, <chevrontrxacobusinessmanager.com>, <chevronttexacobusinessmanager.com>, <chevrontwxacobusinessmanager.com>, <chevrontxacobusinessmanager.com>, <chevrontxeacobusinessmanager.com>, <chevronyexacobusinessmanager.com>, <comchevrontexacobusinessmanager.com>, <mychevrontexacobusinessmanager.com>, and <wwwchevrontexacobusinessmanager.com>, registered with Alibaba Cloud Computing (Beijing) Co., Ltd..
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 Honourable Neil Anthony Brown QC as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 13, 2021; the Forum received payment on August 13, 2021. The complaint was received in English.
On August 18, 2021, Alibaba Cloud Computing (Beijing) Co., Ltd. confirmed by e-mail to the Forum that the <chevrontexavobusinessmanager.com>, <cchevrontexacobusinessmanager.com>, <chevronetxacobusinessmanager.com>, <chevronexacobusinessmanager.com>, <chevronntexacobusinessmanager.com>, <chevronrexacobusinessmanager.com>, <chevronteacobusinessmanager.com>, <chevronteaxcobusinessmanager.com>, <chevrontecacobusinessmanager.com>, <chevronteexacobusinessmanager.com>, <chevrontesacobusinessmanager.com>, <chevrontexaacobusinessmanager.com>, <chevrontexac0businessmanager.com>, <chevrontexacbousinessmanager.com>, <chevrontexacbusinessmanager.com>, <chevrontexaccobusinessmanager.com>, <chevrontexacibusinessmanager.com>, <chevrontexacobbusinessmanager.com>, <chevrontexacobisinessmanager.com>, <chevrontexacobsinessmanager.com>, <chevrontexacobsuinessmanager.com>, <chevrontexacobuainessmanager.com>, <chevrontexacobudinessmanager.com>, <chevrontexacobuinessmanager.com>, <chevrontexacobusibessmanager.com>, <chevrontexacobusienssmanager.com>, <chevrontexacobusiessmanager.com>, <chevrontexacobusiinessmanager.com>, <chevrontexacobusimessmanager.com>, <chevrontexacobusineasmanager.com>, <chevrontexacobusinedsmanager.com>, <chevrontexacobusineessmanager.com>, <chevrontexacobusinesamanager.com>, <chevrontexacobusinesdmanager.com>, <chevrontexacobusinesmsanager.com>, <chevrontexacobusinessamnager.com>, <chevrontexacobusinessanager.com>, <chevrontexacobusinessmaager.com>, <chevrontexacobusinessmaanager.com>, <chevrontexacobusinessmaanger.com>, <chevrontexacobusinessmabager.com>, <chevrontexacobusinessmamager.com>, <chevrontexacobusinessmanaager.com>, <chevrontexacobusinessmanaegr.com>, <chevrontexacobusinessmanaer.com>, <chevrontexacobusinessmanafer.com>, <chevrontexacobusinessmanagee.com>, <chevrontexacobusinessmanageer.com>, <chevrontexacobusinessmanagerr.com>, <chevrontexacobusinessmanagers.com>, <chevrontexacobusinessmanaget.com>, <chevrontexacobusinessmanagger.com>, <chevrontexacobusinessmanagr.com>, <chevrontexacobusinessmanagre.com>, <chevrontexacobusinessmanagrr.com>, <chevrontexacobusinessmanagwr.com>, <chevrontexacobusinessmanaher.com>, <chevrontexacobusinessmangaer.com>, <chevrontexacobusinessmannager.com>, <chevrontexacobusinessmmanager.com>, <chevrontexacobusinessmnaager.com>, <chevrontexacobusinessmnager.com>, <chevrontexacobusinessmsnager.com>, <chevrontexacobusinessnanager.com>, <chevrontexacobusinnessmanager.com>, <chevrontexacobusinrssmanager.com>, <chevrontexacobusinsesmanager.com>, <chevrontexacobusinssmanager.com>, <chevrontexacobusinwssmanager.com>, <chevrontexacobuslnessmanager.com>, <chevrontexacobusnessmanager.com>, <chevrontexacobusniessmanager.com>, <chevrontexacobusonessmanager.com>, <chevrontexacobusunessmanager.com>, <chevrontexacobuusinessmanager.com>, <chevrontexacobysinessmanager.com>, <chevrontexaconusinessmanager.com>, <chevrontexacoobusinessmanager.com>, <chevrontexacoubsinessmanager.com>, <chevrontexacousinessmanager.com>, <chevrontexacovusinessmanager.com>, <chevrontexacpbusinessmanager.com>, <chevrontexaobusinessmanager.com>, <chevrontexaocbusinessmanager.com>, <chevrontexaxobusinessmanager.com>, <chevrontexcaobusinessmanager.com>, <chevrontexcobusinessmanager.com>, <chevrontexscobusinessmanager.com>, <chevrontexxacobusinessmanager.com>, <chevrontezacobusinessmanager.com>, <chevrontrxacobusinessmanager.com>, <chevronttexacobusinessmanager.com>, <chevrontwxacobusinessmanager.com>, <chevrontxacobusinessmanager.com>, <chevrontxeacobusinessmanager.com>, <chevronyexacobusinessmanager.com>, <comchevrontexacobusinessmanager.com>, <mychevrontexacobusinessmanager.com>, <wwwchevrontexacobusinessmanager.com> domain names are registered with Alibaba Cloud Computing (Beijing) Co., Ltd. and that Respondent is the current registrant of the names. Alibaba Cloud Computing (Beijing) Co., Ltd. has verified that Respondent is bound by the Alibaba Cloud Computing (Beijing) Co., Ltd. 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 August 24, 2021, the Forum served the English language Complaint and all Annexes, including a Chinese and English language Written Notice of the Complaint, setting a deadline of September 13, 2021 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@chevrontexavobusinessmanager.com, postmaster@cchevrontexacobusinessmanager.com, postmaster@chevronetxacobusinessmanager.com, postmaster@chevronexacobusinessmanager.com, postmaster@chevronntexacobusinessmanager.com, postmaster@chevronrexacobusinessmanager.com, postmaster@chevronteacobusinessmanager.com, postmaster@chevronteaxcobusinessmanager.com, postmaster@chevrontecacobusinessmanager.com, postmaster@chevronteexacobusinessmanager.com, postmaster@chevrontesacobusinessmanager.com, postmaster@chevrontexaacobusinessmanager.com, postmaster@chevrontexac0businessmanager.com, postmaster@chevrontexacbousinessmanager.com, postmaster@chevrontexacbusinessmanager.com, postmaster@chevrontexaccobusinessmanager.com, postmaster@chevrontexacibusinessmanager.com, postmaster@chevrontexacobbusinessmanager.com, postmaster@chevrontexacobisinessmanager.com, postmaster@chevrontexacobsinessmanager.com, postmaster@chevrontexacobsuinessmanager.com, postmaster@chevrontexacobuainessmanager.com, postmaster@chevrontexacobudinessmanager.com, postmaster@chevrontexacobuinessmanager.com, postmaster@chevrontexacobusibessmanager.com, postmaster@chevrontexacobusienssmanager.com, postmaster@chevrontexacobusiessmanager.com, postmaster@chevrontexacobusiinessmanager.com, postmaster@chevrontexacobusimessmanager.com, postmaster@chevrontexacobusineasmanager.com, postmaster@chevrontexacobusinedsmanager.com, postmaster@chevrontexacobusineessmanager.com, postmaster@chevrontexacobusinesamanager.com, postmaster@chevrontexacobusinesdmanager.com, postmaster@chevrontexacobusinesmsanager.com, postmaster@chevrontexacobusinessamnager.com, postmaster@chevrontexacobusinessanager.com, postmaster@chevrontexacobusinessmaager.com, postmaster@chevrontexacobusinessmaanager.com, postmaster@chevrontexacobusinessmaanger.com, postmaster@chevrontexacobusinessmabager.com, postmaster@chevrontexacobusinessmamager.com, postmaster@chevrontexacobusinessmanaager.com, postmaster@chevrontexacobusinessmanaegr.com, postmaster@chevrontexacobusinessmanaer.com, postmaster@chevrontexacobusinessmanafer.com, postmaster@chevrontexacobusinessmanagee.com, postmaster@chevrontexacobusinessmanageer.com, postmaster@chevrontexacobusinessmanagerr.com, postmaster@chevrontexacobusinessmanagers.com, postmaster@chevrontexacobusinessmanaget.com, postmaster@chevrontexacobusinessmanagger.com, postmaster@chevrontexacobusinessmanagr.com, postmaster@chevrontexacobusinessmanagre.com, postmaster@chevrontexacobusinessmanagrr.com, postmaster@chevrontexacobusinessmanagwr.com, postmaster@chevrontexacobusinessmanaher.com, postmaster@chevrontexacobusinessmangaer.com, postmaster@chevrontexacobusinessmannager.com, postmaster@chevrontexacobusinessmmanager.com, postmaster@chevrontexacobusinessmnaager.com, postmaster@chevrontexacobusinessmnager.com, postmaster@chevrontexacobusinessmsnager.com, postmaster@chevrontexacobusinessnanager.com, postmaster@chevrontexacobusinnessmanager.com, postmaster@chevrontexacobusinrssmanager.com, postmaster@chevrontexacobusinsesmanager.com, postmaster@chevrontexacobusinssmanager.com, postmaster@chevrontexacobusinwssmanager.com, postmaster@chevrontexacobuslnessmanager.com, postmaster@chevrontexacobusnessmanager.com, postmaster@chevrontexacobusniessmanager.com, postmaster@chevrontexacobusonessmanager.com, postmaster@chevrontexacobusunessmanager.com, postmaster@chevrontexacobuusinessmanager.com, postmaster@chevrontexacobysinessmanager.com, postmaster@chevrontexaconusinessmanager.com, postmaster@chevrontexacoobusinessmanager.com, postmaster@chevrontexacoubsinessmanager.com, postmaster@chevrontexacousinessmanager.com, postmaster@chevrontexacovusinessmanager.com, postmaster@chevrontexacpbusinessmanager.com, postmaster@chevrontexaobusinessmanager.com, postmaster@chevrontexaocbusinessmanager.com, postmaster@chevrontexaxobusinessmanager.com, postmaster@chevrontexcaobusinessmanager.com, postmaster@chevrontexcobusinessmanager.com, postmaster@chevrontexscobusinessmanager.com, postmaster@chevrontexxacobusinessmanager.com, postmaster@chevrontezacobusinessmanager.com, postmaster@chevrontrxacobusinessmanager.com, postmaster@chevronttexacobusinessmanager.com, postmaster@chevrontwxacobusinessmanager.com, postmaster@chevrontxacobusinessmanager.com, postmaster@chevrontxeacobusinessmanager.com, postmaster@chevronyexacobusinessmanager.com, postmaster@comchevrontexacobusinessmanager.com, postmaster@mychevrontexacobusinessmanager.com, postmaster@wwwchevrontexacobusinessmanager.com.
Also on August 24, 2021, the Chinese and English language 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 September 20, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed The Honourable Neil Anthony Brown QC 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.
PRELIMINARY ISSUE: LANGUAGE OF PROCEEDING
The Panel notes that the Registration Agreement is in the Chinese language, thereby making the language of the proceedings also to be Chinese. However, the Panel has a discretion under UDRP Rule 11(a) to determine a more appropriate language, taking into consideration the particular circumstances of the administrative proceeding. See FilmNet Inc. v. Onetz, FA 96196 (Forum Feb. 12, 2001) (finding it appropriate to conduct the proceeding in English under Rule 11, despite Korean being designated as the required language in the registration agreement because the respondent submitted a response in English after receiving the complaint in Korean and English). Complainant has submitted that because Respondent is conversant and proficient in English, the proceeding should be conducted in English. Complainant also contends that the inference should be drawn that Respondent is comfortable conducting business in English as all of the Domain Names are rendered entirely in English and each domain name resolves to a website that is entirely in English and which relates directly to Complainant’s services. See Compl. Exhibit Q.
The Panel has examined the evidence on all of those matters and carefully considered if it should exercise its discretion and if so in what way. Accordingly, pursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence and submissions have been adduced by Complainant to suggest that the Respondent is conversant with and proficient in the English language. After considering all of those matters, the Panel decides that the proceeding should be in the English language and that it should go forward on that basis.
A. Complainant
Complainant made the following contentions.
Complainant, together with its parent company, Chevron Corporation, is one of the world's leading integrated energy companies. Complainant submits that it has rights in the CHEVRON and TEXACO marks through Complainant’s registration of the marks with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. No. 364,683, registered February 14, 1939 [CHEVRON] and Reg. No.794,947, registered August 24, 1965 [TEXACO]). See Compl. Exhibit D and G.
Respondent’s <chevrontexavobusinessmanager.com>, <cchevrontexacobusinessmanager.com>, <chevronetxacobusinessmanager.com>, <chevronexacobusinessmanager.com>, <chevronntexacobusinessmanager.com>, <chevronrexacobusinessmanager.com>, <chevronteacobusinessmanager.com>, <chevronteaxcobusinessmanager.com>, <chevrontecacobusinessmanager.com>, <chevronteexacobusinessmanager.com>, <chevrontesacobusinessmanager.com>, <chevrontexaacobusinessmanager.com>, <chevrontexac0businessmanager.com>, <chevrontexacbousinessmanager.com>, <chevrontexacbusinessmanager.com>, <chevrontexaccobusinessmanager.com>, <chevrontexacibusinessmanager.com>, <chevrontexacobbusinessmanager.com>, <chevrontexacobisinessmanager.com>, <chevrontexacobsinessmanager.com>, <chevrontexacobsuinessmanager.com>, <chevrontexacobuainessmanager.com>, <chevrontexacobudinessmanager.com>, <chevrontexacobuinessmanager.com>, <chevrontexacobusibessmanager.com>, <chevrontexacobusienssmanager.com>, <chevrontexacobusiessmanager.com>, <chevrontexacobusiinessmanager.com>, <chevrontexacobusimessmanager.com>, <chevrontexacobusineasmanager.com>, <chevrontexacobusinedsmanager.com>, <chevrontexacobusineessmanager.com>, <chevrontexacobusinesamanager.com>, <chevrontexacobusinesdmanager.com>, <chevrontexacobusinesmsanager.com>, <chevrontexacobusinessamnager.com>, <chevrontexacobusinessanager.com>, <chevrontexacobusinessmaager.com>, <chevrontexacobusinessmaanager.com>, <chevrontexacobusinessmaanger.com>, <chevrontexacobusinessmabager.com>, <chevrontexacobusinessmamager.com>, <chevrontexacobusinessmanaager.com>, <chevrontexacobusinessmanaegr.com>, <chevrontexacobusinessmanaer.com>, <chevrontexacobusinessmanafer.com>, <chevrontexacobusinessmanagee.com>, <chevrontexacobusinessmanageer.com>, <chevrontexacobusinessmanagerr.com>, <chevrontexacobusinessmanagers.com>, <chevrontexacobusinessmanaget.com>, <chevrontexacobusinessmanagger.com>, <chevrontexacobusinessmanagr.com>, <chevrontexacobusinessmanagre.com>, <chevrontexacobusinessmanagrr.com>, <chevrontexacobusinessmanagwr.com>, <chevrontexacobusinessmanaher.com>, <chevrontexacobusinessmangaer.com>, <chevrontexacobusinessmannager.com>, <chevrontexacobusinessmmanager.com>, <chevrontexacobusinessmnaager.com>, <chevrontexacobusinessmnager.com>, <chevrontexacobusinessmsnager.com>, <chevrontexacobusinessnanager.com>, <chevrontexacobusinnessmanager.com>, <chevrontexacobusinrssmanager.com>, <chevrontexacobusinsesmanager.com>, <chevrontexacobusinssmanager.com>, <chevrontexacobusinwssmanager.com>, <chevrontexacobuslnessmanager.com>, <chevrontexacobusnessmanager.com>, <chevrontexacobusniessmanager.com>, <chevrontexacobusonessmanager.com>, <chevrontexacobusunessmanager.com>, <chevrontexacobuusinessmanager.com>, <chevrontexacobysinessmanager.com>, <chevrontexaconusinessmanager.com>, <chevrontexacoobusinessmanager.com>, <chevrontexacoubsinessmanager.com>, <chevrontexacousinessmanager.com>, <chevrontexacovusinessmanager.com>, <chevrontexacpbusinessmanager.com>, <chevrontexaobusinessmanager.com>, <chevrontexaocbusinessmanager.com>, <chevrontexaxobusinessmanager.com>, <chevrontexcaobusinessmanager.com>, <chevrontexcobusinessmanager.com>, <chevrontexscobusinessmanager.com>, <chevrontexxacobusinessmanager.com>, <chevrontezacobusinessmanager.com>, <chevrontrxacobusinessmanager.com>, <chevronttexacobusinessmanager.com>, <chevrontwxacobusinessmanager.com>, <chevrontxacobusinessmanager.com>, <chevrontxeacobusinessmanager.com>, <chevronyexacobusinessmanager.com>, <comchevrontexacobusinessmanager.com>, <mychevrontexacobusinessmanager.com>, and <wwwchevrontexacobusinessmanager.com> domain names are confusingly similar to Complainant’s CHEVRON and TEXACO marks as they contain the entire marks (or a very slight intentional misspelling of those marks) and merely add generic terms (or misspellings of generic terms).
Respondent lacks rights or legitimate interests in the disputed domain names. Respondent is not commonly known by the disputed domain names, nor is Respondent authorized by Complainant or its related companies to use Complainant’s marks. Respondent has not used the disputed domain names in connection with a bona fide offering of goods or services as Respondent uses them in connection with competitive hyperlinks.
Respondent registered and uses the disputed domain names in bad faith. Respondent has a history of bad faith registration of domain names. Respondent also uses the disputed domain names in connection with competitive hyperlinks.
Finally, Respondent registered the disputed domain names with actual knowledge of Complainant’s rights to the CHEVRON and TEXACO marks, evidenced by Respondent’s use of Complainant’s marks on the resolving webpages and the famous nature of Complainant’s mark.
B. Respondent
Respondent failed to submit a Response in this proceeding.
1. Complainant is a United States company that, together with its parent company, Chevron Corporation, is one of the world's leading integrated energy companies.
2. Complainant has established its trademark rights in the CHEVRON and TEXACO marks through Complainant’s registration of the marks with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. No. 364,683, registered February 14, 1939 [CHEVRON] and Reg. No.794,947, registered August 24, 1965 [TEXACO]).
3. Respondent registered the disputed domain names on July 17, 2021.
4. Respondent uses the disputed domain names in connection with competitive hyperlinks.
5. The evidence establishes that Respondent has no rights or legitimate interests in the disputed domain names and that they were registered and have been 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 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”).
The first question that arises is whether Complainant has rights in a trademark or service mark on which it may rely. Complainant submits that it has rights in the CHEVRON and TEXACO marks through its registration of the marks with the USPTO (e.g. Reg. No. 364,683, registered February 14, 1939 [CHEVRON] and Reg. No. 794,947, registered August 24, 1965 [TEXACO]). See Compl. Exhibit D and G. Registration of a mark with the USPTO is sufficient to demonstrate rights in the mark per Policy ¶ 4(a)(i). See DIRECTV, LLC v. The Pearline Group, FA 1818749 (Forum Dec. 30, 2018) (“Complainant’s ownership of a USPTO registration for DIRECTV demonstrate its rights in such mark for the purposes of Policy ¶ 4(a)(i).”). Therefore, the Panel finds Complainant has demonstrated rights in the CHEVRON and TEXACO marks per Policy ¶ 4(a)(i).
The next question that arises is whether the disputed domain names are identical or confusingly similar to Complainant’s CHEVRON and TEXACO marks. Complainant argues Respondent’s domain names are confusingly similar to Complainant’s CHEVRON and TEXACO marks as they incorporate the marks (or a very slight intentional misspelling of those marks) and merely add generic terms (or misspellings of generic terms). Adding a generic term and a gTLD to a misspelled version of a mark fails to distinguish a disputed domain name sufficiently from a mark per Policy ¶ 4(a)(i). See MTD Products Inc. v. J Randall Shank, FA 1783050 (Forum June 27, 2018) (“The disputed domain name is confusingly similar to Complainant’s mark as it wholly incorporates the CUB CADET mark before appending the generic terms ‘genuine’ and ‘parts’ as well as the ‘.com’ gTLD.”); see also Klein Tools, Inc. v. chenxinqi, FA 1617328 (Forum July 6, 2018) (finding that the <klentools.com> domain name is confusingly similar to the KLEIN TOOLS mark as it contains the entire BANK OF AMERICA mark and merely omits the letter “l” and adds the “.com” generic top-level domain (“gTLD”)); see also Twitch Interactive, Inc. v. zhang qin, FA 1626511 (Forum Aug. 4, 2015) (finding, “The relevant comparison then resolves to the trademark, TWITCH, with the term, ‘titch,’ which, as can be readily seen, merely removes the letter ‘w’ from the trademark. In spite of that omission the compared integers remain visually and aurally very similar and so Panel finds them to be confusingly similar for the purposes of the Policy.”). Therefore, the Panel may find the disputed domain names are confusingly similar to Complainant’s marks per Policy ¶ 4(a)(i).
Complainant has thus made out the first of the three elements that it must establish.
It is now well established that Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain names under Policy ¶ 4(a)(ii), then the burden shifts to Respondent to show it does have rights or legitimate interests. See Advanced International Marketing Corporation v. AA-1 Corp, FA 780200 (Forum Nov. 2, 2011) (finding that a complainant must offer some evidence to make its prima facie case and satisfy Policy ¶ 4(a)(ii)); see also Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014) (“Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests”).
The Panel finds that Complainant has made out a prima facie case that arises from the following considerations:
(a) Respondent has chosen to take Complainant’s CHEVRON and TEXACO trademarks and to use them (or a very slight intentional misspelling of those marks) and merely add generic terms (or misspellings of generic terms) which do not negate the confusing similarity between the domain names and the trademarks;
(b) Respondent registered the disputed domain names on July 1, 2021;
(c) Respondent uses the disputed domain names in connection with competitive hyperlinks;
(d) Respondent has engaged in these activities without the consent or approval of Complainant;
(e) Complainant contends Respondent lacks rights or legitimate interests in the disputed domain names as Respondent is not commonly known by the disputed domain names, nor is Respondent authorized by Complainant or its related companies to use Complainant’s marks. When a response is lacking, relevant WHOIS information may be used to determine whether a respondent is commonly known by the disputed domain name under Policy ¶ 4(c)(ii). See Chevron Intellectual Property LLC v. Fred Wallace, FA1506001626022 (Forum July 27, 2015) (finding that the respondent was not commonly known by the <chevron-europe.com> domain name under Policy ¶ 4(c)(ii), as the WHOIS information named “Fred Wallace” as registrant of the disputed domain name). Additionally, lack of authorization to use a complainant’s mark may indicate that the respondent is not commonly known by the disputed domain name. See Emerson Electric Co. v. golden humble / golden globals, FA 1787128 (Forum June 11, 2018) (“lack of evidence in the record to indicate a respondent is authorized to use [the] complainant’s mark may support a finding that [the] respondent does not have rights or legitimate interests in the disputed domain name per Policy ¶ 4(c)(ii)”). The WHOIS information for the disputed domain names lists the registrant as “Zhichao Yang,” and Complainant argues there is no other evidence to suggest that Respondent was authorized to use the CHEVRON and TEXACO marks. See Compl. Exhibit S. Therefore, the Panel finds Respondent is not commonly known by the disputed domain names per Policy ¶ 4(c)(ii);
(f) Complainant argues that Respondent fails to use the disputed domain names in connection with a bona fide offering of goods or services or legitimate noncommercial or fair use as Respondent uses them in connection with competitive hyperlinks. Using a disputed domain name in connection with competitive hyperlinks may not be a bona fide offering of goods or services or a legitimate noncommercial or fair use per Policy ¶¶ 4(c)(i) or (iii). See CheapCaribbean.com, Inc. v. Moniker Privacy Services, FA1411001589962 (Forum Jan. 1, 2015) (“The Panel finds that Respondent’s use of the <cheepcaribbean.com> name to promote links in competition with Complainant’s travel agency services does not fall within Policy ¶ 4(c)(i)’s bona fide offering of goods or services, nor does it amount to a legitimate noncommercial or fair use described in Policy ¶ 4(c)(iii).”). Here, Complainant provides a screenshot showing each of the disputed domain names resolves to essentially identical webpages, namely, a webpage featuring Complainant’s CHEVRON and TEXACO marks at the top of the page and a series of pay-per click links to competing third party commercial offerings. See Compl. Exhibit Q. Complainant argues the links on webpages give the false impression that they are related to, endorsed by, or otherwise associated with Complainant as the links pertain to business credit cards, business prepaid cards, business loans and business debit cards as Complainant offers similar services. See id. Therefore, the Panel finds Respondent fails to make a bona fide offering of goods or services or a legitimate noncommercial or fair use per Policy ¶¶ 4(c)(i) or (iii).
All of these matters go to make out the prima facie case against Respondent. As Respondent has not filed a Response or attempted by any other means to rebut the prima facie case against it, the Panel finds that Respondent has no rights or legitimate interests in the disputed domain names.
Complainant has thus made out the second of the three elements that it must establish.
It is clear that to establish bad faith for the purposes of the Policy, Complainant must show that the disputed domain names were registered in bad faith and have been used in bad faith. It is also clear that the criteria set out in Policy ¶ 4(b) for establishing bad faith are not exclusive, but that Complainants in UDRP proceedings may also rely on conduct that is bad faith within the generally accepted meaning of that expression.
Having regard to those principles, the Panel finds that the disputed domain names were registered and used in bad faith. That is so for the following reasons.
First, Complainant contends Respondent registered and uses the disputed domain names in bad faith as Respondent has a history of bad faith registrations. A respondent’s registration of multiple domain names and a respondent’s prior adverse UDRP history can demonstrate bad faith per Policy ¶ 4(b)(ii). See Deutsche Telekom AG v. Dana Dudones, FA 1798440 (Forum Sept. 7, 2018) (“Here the same registrant registered the seven disputed domain names over a two-day period [. . .] Thus the Panel finds that Respondent’s registration of multiple domain names in the present case evinces bad faith registration under Policy ¶ 4(b)(ii).”); see also Tommy John, Inc. v. Carolina Rodrigues / Fundacion Comercio Electronico, FA2001001878688 (Forum Feb. 6, 2020) (finding bad faith registration and use pursuant to Policy ¶ 4(b)(ii) where the respondent had been subject to numerous UDRP proceedings where panels ordered the transfer of disputed domain names containing the trademarks of the complainants). Here, Complainant highlights that Respondent registered 99 domain names containing Complainant’s marks (or close, intentionally misspellings thereof). Complainant also highlights Respondent was involved in over 140 adverse UDRP decisions. See Compl. Exhibit U. Therefore, the Panel finds Respondent registered and uses the disputed domain names in bad faith per Policy ¶ 4(b)(ii).
Secondly, Complainant contends Respondent registered and uses the disputed domain names in bad faith as Respondent uses them in connection with competitive hyperlinks. Using a disputed domain name in connection with competitive hyperlinks can demonstrate bad faith per Policy ¶¶ 4(b)(iii) and (iv). See block.one v. Negalize Interactive Things, FA 1798280 (Forum Aug. 21, 2018) (“Offering links to competing products or services can demonstrate bad faith under Policy ¶ 4(b)(iii) where a respondent registers a domain name that is confusingly similar to the mark of another.”); see also American Council on Education and GED Testing Service LLC v. Anthony Williams, FA1760954 (Forum Jan. 8, 2018) (“Respondent’s hosting of links to Complainant’s competitors demonstrates bad faith registration and use of the <geddiploma.org> domain name pursuant to Policy ¶ 4(b)(iv)”). Here, the Panel notes that Complainant provides screenshots showing the disputed domain names resolve to websites featuring pay-per-click hyperlinks to services offered by Complainant. See Compl. Exhibit Q. Therefore, the Panel finds Respondent registered and uses the disputed domain names in bad faith per Policy ¶¶ 4(b)(iii) and (iv).
Thirdly, Complainant contends Respondent registered the disputed domain names with actual knowledge of Complainant’s rights in the CHEVRON and TEXACO marks based on Respondent’s registration of 99 domain names and the famous nature of Complainant’s mark. A respondent’s registration of multiple domain names coupled with the famous nature of a mark can demonstrate actual knowledge of a complainant’s rights to a mark and show bad faith. See United States Postal Service v. Yongkun Wang, FA 1788170 (Forum July 11, 2018) (finding Respondent had actual knowledge of Complainant’s rights in the USPS mark “given the widespread use of Complainant’s mark and the fact that Respondent registered four separate domain names all of which include Complainant’s USPS mark in its entirety”). Here, Complainant argues Respondent registered the disputed domain names with actual knowledge of Complainant’s rights in the CHEVRON and TEXACO marks given the extensive use and media coverage of Complainant’s marks, Respondent’s registration of 99 Domain Names that wholly incorporate the CHEVRON and TEXACO marks (or a very close, intentional misspelling), and Respondent’s use of the CHEVRON and TEXACO marks on the websites resolving from the Domain Names. Therefore, the Panel finds Respondent registered the disputed domain names in bad faith per Policy ¶ 4(a)(iii).
Fourthly, in addition and having regard to the totality of the evidence, the Panel finds that, in view of Respondent’s registration of the disputed domain names using the CHEVRON and TEXACO marks and in view of the conduct that Respondent has engaged in when using the disputed domain names, Respondent registered and used them in bad faith within the generally accepted meaning of that expression.
Complainant has thus made out the third of the three elements that it must establish.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <chevrontexavobusinessmanager.com>, <cchevrontexacobusinessmanager.com>, <chevronetxacobusinessmanager.com>, <chevronexacobusinessmanager.com>, <chevronntexacobusinessmanager.com>, <chevronrexacobusinessmanager.com>, <chevronteacobusinessmanager.com>, <chevronteaxcobusinessmanager.com>, <chevrontecacobusinessmanager.com>, <chevronteexacobusinessmanager.com>, <chevrontesacobusinessmanager.com>, <chevrontexaacobusinessmanager.com>, <chevrontexac0businessmanager.com>, <chevrontexacbousinessmanager.com>, <chevrontexacbusinessmanager.com>, <chevrontexaccobusinessmanager.com>, <chevrontexacibusinessmanager.com>, <chevrontexacobbusinessmanager.com>, <chevrontexacobisinessmanager.com>, <chevrontexacobsinessmanager.com>, <chevrontexacobsuinessmanager.com>, <chevrontexacobuainessmanager.com>, <chevrontexacobudinessmanager.com>, <chevrontexacobuinessmanager.com>, <chevrontexacobusibessmanager.com>, <chevrontexacobusienssmanager.com>, <chevrontexacobusiessmanager.com>, <chevrontexacobusiinessmanager.com>, <chevrontexacobusimessmanager.com>, <chevrontexacobusineasmanager.com>, <chevrontexacobusinedsmanager.com>, <chevrontexacobusineessmanager.com>, <chevrontexacobusinesamanager.com>, <chevrontexacobusinesdmanager.com>, <chevrontexacobusinesmsanager.com>, <chevrontexacobusinessamnager.com>, <chevrontexacobusinessanager.com>, <chevrontexacobusinessmaager.com>, <chevrontexacobusinessmaanager.com>, <chevrontexacobusinessmaanger.com>, <chevrontexacobusinessmabager.com>, <chevrontexacobusinessmamager.com>, <chevrontexacobusinessmanaager.com>, <chevrontexacobusinessmanaegr.com>, <chevrontexacobusinessmanaer.com>, <chevrontexacobusinessmanafer.com>, <chevrontexacobusinessmanagee.com>, <chevrontexacobusinessmanageer.com>, <chevrontexacobusinessmanagerr.com>, <chevrontexacobusinessmanagers.com>, <chevrontexacobusinessmanaget.com>, <chevrontexacobusinessmanagger.com>, <chevrontexacobusinessmanagr.com>, <chevrontexacobusinessmanagre.com>, <chevrontexacobusinessmanagrr.com>, <chevrontexacobusinessmanagwr.com>, <chevrontexacobusinessmanaher.com>, <chevrontexacobusinessmangaer.com>, <chevrontexacobusinessmannager.com>, <chevrontexacobusinessmmanager.com>, <chevrontexacobusinessmnaager.com>, <chevrontexacobusinessmnager.com>, <chevrontexacobusinessmsnager.com>, <chevrontexacobusinessnanager.com>, <chevrontexacobusinnessmanager.com>, <chevrontexacobusinrssmanager.com>, <chevrontexacobusinsesmanager.com>, <chevrontexacobusinssmanager.com>, <chevrontexacobusinwssmanager.com>, <chevrontexacobuslnessmanager.com>, <chevrontexacobusnessmanager.com>, <chevrontexacobusniessmanager.com>, <chevrontexacobusonessmanager.com>, <chevrontexacobusunessmanager.com>, <chevrontexacobuusinessmanager.com>, <chevrontexacobysinessmanager.com>, <chevrontexaconusinessmanager.com>, <chevrontexacoobusinessmanager.com>, <chevrontexacoubsinessmanager.com>, <chevrontexacousinessmanager.com>, <chevrontexacovusinessmanager.com>, <chevrontexacpbusinessmanager.com>, <chevrontexaobusinessmanager.com>, <chevrontexaocbusinessmanager.com>, <chevrontexaxobusinessmanager.com>, <chevrontexcaobusinessmanager.com>, <chevrontexcobusinessmanager.com>, <chevrontexscobusinessmanager.com>, <chevrontexxacobusinessmanager.com>, <chevrontezacobusinessmanager.com>, <chevrontrxacobusinessmanager.com>, <chevronttexacobusinessmanager.com>, <chevrontwxacobusinessmanager.com>, <chevrontxacobusinessmanager.com>, <chevrontxeacobusinessmanager.com>, <chevronyexacobusinessmanager.com>, <comchevrontexacobusinessmanager.com>, <mychevrontexacobusinessmanager.com>, and <wwwchevrontexacobusinessmanager.com> domain names be TRANSFERRED from Respondent to Complainant.
The Honourable Neil Anthony Brown QC
Panelist
Dated September 21, 2021
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