Twitter, Inc. v. ILove MYGF
Claim Number: FA2206002001155
Complainant is Twitter, Inc. ("Complainant"), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondent is ILove MYGF ("Respondent"), Texas, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <twitter-okta.com>, registered with Porkbun 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 June 21, 2022; the Forum received payment on June 21, 2022.
On June 22, 2022, Porkbun LLC confirmed by email to the Forum that the <twitter-okta.com> domain name is registered with Porkbun LLC and that Respondent is the current registrant of the name. Porkbun LLC has verified that Respondent is bound by the Porkbun 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 23, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 13, 2022 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@twitter-okta.com. Also on June 23, 2022, 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.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On July 19, 2022, 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 any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant operates a real-time global information network with more than 200 million daily active users as of October 2021. Complainant has used the TWITTER mark in connection with this service since 2006. The mark is the subject of trademark registrations in the United States and other jurisdictions around the world, and has been found to be famous in prior proceedings under the Policy. Complainant also uses a logo consisting of a blue silhouette of a bird in flight to promote its service, and owns various trademark registrations for this logo. Complainant uses the cloud identity management vendor Okta and a dedicated login portal at <twitter.okta.com> to provide secure connections for its employees.
The disputed domain name <twitter-okta.com> was registered in June 2022. The name is registered in the name of a privacy registration service on behalf of Respondent, and the underlying registration data appear to be fictitious. The domain name currently resolves to a website that generates a phishing warning; it previously resolved to a fake Twitter login screen that displayed Complainant’s logo and prompted the user to enter a username and password. Complainant alleges that Respondent has sent text messages, presumably to Complainant’s employees, directing the recipients to this website, and that Respondent is using the domain name to conduct a phishing scheme. Complainant states further that Respondent is not commonly known by the domain name, is not affiliated with Complainant, and is not licensed to use Complainant’s mark.
Complainant contends on the above grounds that the disputed domain name <twitter-okta.com> is confusingly similar to its TWITTER 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 failed to submit a Response in this proceeding.
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 set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
Okta is a cloud identity management vendor used by Complainant, and "Okta" appears in the domain name that is used to provide secure connections for Complainant's employees. The disputed domain name <twitter-okta.com> incorporates Complainant's registered TWITTER trademark, adding a hyphen, "Okta," 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., Epic Games, Inc. v. Hillary Putin, FA 1999351 (Forum July 18, 2022) (finding <epicgames-okta.com> confusingly similar to EPIC GAMES); Twitter, Inc. v. Sevilay Calskan / Polat Calskan, FA 1995383 (Forum June 30, 2022) (finding <twitter-password.com> confusingly similar to TWITTER); Twitter, Inc. v. Sad Asdaa, FA 1991695 (Forum May 6, 2022) (finding <twitter-verification.com> confusingly similar to TWITTER). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.
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 its sole apparent use has been in connection with a phishing scheme aimed at Complainant's employees. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Epic Games, Inc. v. Hillary Putin, supra (finding lack of rights or interests in similar circumstances); Epic Games, Inc. v. Tommy Bahama, FA 2001215 (Forum July 14, 2022) (same).
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 used a privacy registration service and apparently fictitious underlying registration data to register a domain name incorporating Complainant's registered mark, and has used it in connection with a fraudulent phishing scheme targeting Complainant's employees. Such conduct is indicative of bad faith registration and use under the Policy. See, e.g., Epic Games, Inc. v. Hillary Putin, supra (finding bad faith in similar circumstances); Epic Games, Inc. v. Tommy Bahama, supra (same). 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 <twitter-okta.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: July 20, 2022
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