Screen Actors Guild-American Federation Of Television And Radio Artists v. Tom Bucknall / House of Tweed Online Ltd
Claim Number: FA2208002009053
Complainant is Screen Actors Guild-American Federation Of Television And Radio Artists (“Complainant”), represented by Stephen J. Strauss of BUCHALTER, California, USA. Respondent is Tom Bucknall / House of Tweed Online Ltd (“Respondent”), United Kingdom.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <sagafrta.org>, registered with IONOS SE.
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 August 18, 2022. The Forum received payment on August 18, 2022.
On August 19, 2022, IONOS SE confirmed by e-mail to the Forum that the <sagafrta.org> domain name is registered with IONOS SE and that Respondent is the current registrant of the name. IONOS SE has verified that Respondent is bound by the IONOS SE 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 25, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 14, 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@sagafrta.org. Also on August 25, 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 September 23, 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, Screen Actors Guild-American Federation Of Television And Radio Artists, is the pre-eminent labor union representing over 160,000 actors, announcers, broadcasters journalists, dancers, DJs, news writers, news editors, program hosts, puppeteers, recording artists, singers, stunt performers, voiceover artists and other media professionals. Complainant is widely known to the general public as “SAG-AFTRA” for short. Complainant operates a website at <sagaftra.org>. Complainant has rights in the SAG-AFTRA mark through registration of the mark with the United States Patent and Trademark Office (“USPTO”). Respondent’s <sagafrta.org> domain name is virtually identical and confusingly similar to Complainant’s mark.
Respondent has no legitimate interests in the <sagafrta.org> domain name. Respondent is not commonly known by the domain name and Complainant has not authorized or licensed to Respondent any rights in the SAG-AFTRA mark. Additionally, Respondent does not use the domain name for any bona fide offering of goods or services or legitimate noncommercial or fair use. Instead, the domain name resolves to an inactive webpage. Respondent uses emails incorporating the domain name in pursuit of a phishing scheme.
Respondent registered the typosquatted <sagafrta.org> domain name in bad faith with actual knowledge of Complainant’s rights in the SAG-AFTRA mark and uses it in bad faith to impersonate a representative of Complainant in a fraudulent e-mail scam. The domain name resolves to an inactive webpage.
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 SAG-AFTRA mark through registration of the mark with the USPTO (e.g., Reg. No. 4,327,043 registered April 30, 2013). The Panel finds Respondent’s <sagafrta.org> domain name to be confusingly similar to Complainant’s mark because it incorporates the SAG-AFTRA mark in its entirety, omitting the hyphen and transposing the letters “t” and “r”, which do not distinguish the domain name from the mark. The inconsequential “.org” generic top-level domain (“gTLD”) may be ignored.
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 <sagafrta.org> domain name was registered on June 14, 2022. It resolves to a webpage stating: “This site can’t be reached”. An email incorporating the <sagafrta.org> domain name address, dated June 13, 2022 and purporting to be from a representative of Complainant, sought confidential financial information from the recipient.
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 <sagafrta.org> 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 four illustrative circumstances set out in paragraph 4(b) of the Policy as evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii) are not exclusive.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s SAG-AFTRA mark when Respondent registered the <sagafrta.org> domain name and that Respondent has registered and is using the domain name in bad faith for the purpose of obtaining sensitive information by impersonating Complainant’s representative.
Further, the typosquatted nature of the domain name is itself evidence of bad faith.
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 <sagafrta.org> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: September 26, 2022
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