THREDUP INC. v. Mike Doonin
Claim Number: FA2202001982763
Complainant is THREDUP INC. (“Complainant”), represented by Eric Perrott of Gerben Perrott PLLC, District of Columbia, USA. Respondent is Mike Doonin (“Respondent”), California, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <thredup.careers>, registered with NameCheap, Inc.
PANEL
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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the Forum electronically on February 1, 2022. The Forum received payment on February 1, 2022.
On February 1, 2022, NameCheap, Inc. confirmed by e-mail to the Forum that the <thredup.careers> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 February 2, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 22, 2022 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@thredup.careers. Also on February 2, 2022, 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 February 24, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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 provides a platform for the resale and exchange of clothing and accessories. Complainant has rights in the THREDUP mark through registration of the mark with the United States Patent and Trademark Office (USPTO). Respondent’s <thredup.careers> domain name is identical or confusingly similar to Complainant’s THREDUP mark.
Respondent has no rights or legitimate interests in the <thredup.careers> domain name. Since 2008 Complainant has operated a website at “www.thredup.com”, which offers resale services for clothing and provides a link to a ThreadUp Careers webpage, where users can apply to Complainant for employment. Complainant has not authorized or licensed Respondent to use the THREDUP mark, nor is Respondent commonly known by the domain name. Further, Respondent is not using the domain name in connection with a bona fide offering of goods and services or legitimate noncommercial or fair use as Respondent uses it to send fraudulent, phishing emails.
Respondent registered and uses the <thredup.careers> domain name in bad faith. Respondent disrupts Complainant’s business by using a confusingly similar domain name and contact information. Additionally, Respondent attempts to attract users for commercial gain by using the domain name to send phishing emails. Finally, Respondent provided false and misleading contact information when registering the domain name.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant has established all the elements entitling it to relief.
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 shown that it has rights in the THREDUP mark through registration of the mark with the USPTO (e.g., Reg. No. 3,791,488, registered on May 18, 2010 in Class 35 for “providing a website that allows users to buy, sell and swap clothing and clothing accessories”). The Panel finds Respondent’s <thredup.careers> domain name to be identical to Complainant’s THREDUP mark, as it incorporates the mark in its entirety, only adding the inconsequential “.careers” descriptive top-level domain (TLD), which may be ignored under this element.
Complainant has established this element.
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <thredup.careers> domain name was registered on January 4, 2022. A few days later the domain name was used to send an email entitled “Appointment Letter: UX Designer”, purporting to offer an employment opportunity with Complainant and seeking the recipient’s personal financial information.
These circumstances, together with Complainant’s assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <thredup.careers> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019).
Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
The circumstances set out above in relation to the second element satisfy the Panel that Respondent knew of and intended to target Complainant’s THREDUP mark and its ThreadUp Careers webpage when Respondent registered the <thredup.careers> domain name and that Respondent used the domain name in an attempt fraudulently to acquire personal and financial information. This demonstrates bad faith registration and use. In addition, the Panel notes that Respondent registered the <thredup.careers> domain name with Complainant’s public business address, a further indication of bad faith registration.
Complainant has established this element.
DECISION
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 <thredup.careers> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: February 28, 2022
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