Zoetis Inc. and Zoetis Services LLC v. huade wang
Claim Number: FA2203001989419
Complainants are Zoetis Inc. and Zoetis Services LLC (“Complainants”), represented by Offit Kurman, P.A., New York, USA. Respondent is huade wang (“Respondent”), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <zoetisvacines.com>, registered with Sav.com, LLC.
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.
Complainants submitted a Complaint to the Forum electronically on March 23, 2022. The Forum received payment on March 23, 2022.
On March 23, 2022, Sav.com, LLC confirmed by e-mail to the Forum that the <zoetisvacines.com> domain name is registered with Sav.com, LLC and that Respondent is the current registrant of the name. Sav.com, LLC has verified that Respondent is bound by the Sav.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 March 29, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 18, 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@zoetisvacines.com. Also on March 29, 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 April 25, 2022, pursuant to Complainants’ 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.
Complainants request that the domain name be transferred from Respondent to "Complainant".
Preliminary Issue: Multiple Complainants
There are two Complainants in this proceeding: Zoetis Inc., which owns the domain name <zoetis.com>, and its wholly-owned subsidiary Zoetis Services LLC., which owns numerous ZOETIS trademarks.
The Forum’s Supplemental Rule 1(e) defines “The Party Initiating a Complaint Concerning a Domain Name Registration” as a single person or entity claiming to have rights in the domain name, or multiple persons or entities who have a sufficient nexus who can each claim to have rights to all domain names listed in the Complaint.”
The Panel accepts that the parent/subsidiary relationship between Complainants constitutes a sufficient nexus such that each may claim to have rights to the <zoetisvacines.com> domain name listed in the Complaint.
A. Complainants
Complainant Zoetis Inc. is a global animal health company that provides medicines, vaccines and diagnostic products. Its wholly-owned subsidiary, Complainant Zoetis Services LLC., has rights in the ZOETIS mark through registrations of the mark with the United States Patent and Trademark Office (“USPTO”). Respondent’s <zoetisvacines.com> domain name is confusingly similar to Complainants’ ZOETIS mark.
Respondent lacks rights or legitimate interests in the <zoetisvacines.com> domain name as Respondent is not commonly known by the domain name nor did Complainants authorize Respondent to use the ZOETIS mark in any way. Respondent fails to make a bona fide offering of goods or services or legitimate noncommercial or fair use of the domain name. Instead, Respondent’s domain name resolves to a webpage that offers links to services that compete with and are related to Complainants’ business.
Respondent registered and uses the <zoetisvacines.com> domain name in bad faith as Respondent’s domain name resolves to a webpage that offers links to services that compete with those offered by Complainants.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainants have 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 a 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 Complainants’ 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”).
Complainants have shown that Complainant Zoetis Services LLC. has rights in the ZOETIS mark through registrations of the mark with the USPTO (e.g. Reg. No. 4,809,065, registered September 8, 2015) and the Panel is satisfied that, as the parent company of Zoetis Services LLC., Complainant Zoetis Inc. also has rights in the ZOETIS mark.
The Panel finds Respondent’s <zoetisvacines.com> domain name to be confusingly similar to Complainants’ ZOETIS mark since it incorporates the mark in its entirety and adds the term “vacines”, a misspelling of the word “vaccines”, which does not distinguish the domain name from the mark, along with the inconsequential “.com” generic top-level domain (“gTLD”), which may be ignored.
Complainants have 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 <zoetisvacines.com> domain name was registered on January 21, 2022, many years after Complainant Zoetis Services LLC. registered its ZOETIS mark. It resolves to a website with links to third-party websites that offer information on vaccines.
These circumstances, together with Complainants’ 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 <zoetisvacines.com> 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.
Complainants have established this element.
Registration and Use in Bad Faith
Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iii) Respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor; and
(iv) by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on its website or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was aware of Complainants’ ZOETIS mark when Respondent registered the <zoetisvacines.com> domain name and that Respondent did so primarily for the purpose of disrupting the business of a competitor. Further, Respondent’s use of the domain name to host pay-per-click hyperlinks to Complainants’ competitors constitutes evidence of both bad faith disruption of Complainants’ business under Policy ¶ 4(b)(iii) and an attempt to attract users for commercial gain under Policy ¶ 4(b)(iv).
Complainants have established this element.
DECISION
Complainants having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <zoetisvacines.com> domain name be TRANSFERRED from Respondent to Complainant Zoetis Services LLC.
Alan L. Limbury, Panelist
Dated: April 26, 2022
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