DECISION

 

Thru the Bible, Inc. v. luo wen qiang

Claim Number: FA2311002070516

 

PARTIES

Complainant is Thru the Bible, Inc. ("Complainant"), represented by Gary J. Nelson of Lewis Roca Rothgerber Christie LLP, California, USA. Respondent is luo wen qiang ("Respondent"), China.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <thruthebibleinthirtyweeks.com>, registered with Gname 129 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.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on November 10, 2023. Forum received payment on November 10, 2023.

 

On November 10, 2023, Gname 129 Inc confirmed by e-mail to Forum that the <thruthebibleinthirtyweeks.com> domain name is registered with Gname 129 Inc and that Respondent is the current registrant of the name. Gname 129 Inc has verified that Respondent is bound by the Gname 129 Inc registration agreement, which is in Chinese, 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 November 15, 2023, Forum served the Complaint and all Annexes, including a Chinese and English Written Notice of the Complaint, setting a deadline of December 5, 2023 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@thruthebibleinthirtyweeks.com. Also on November 15, 2023, the Chinese and English 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, Forum transmitted to the parties a Notification of Respondent Default in Chinese and English.

 

On December 6, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: LANGUAGE OF THE PROCEEDING

As noted, the Gname 129 Inc registration agreement applicable to the <thruthebibleinthirtyweeks.com> domain name is in Chinese. Pursuant to Rule 11(a), the language of the proceeding in relation to the domain name shall be Chinese unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.

Complainant says that although the Registrar is located in Singapore, an English-language version of the Registration Agreement is provided by the Registrar online at "https://www.gname.com/help/47.html". English is also an official language of Singapore under Part XIII, Section 153 of the Constitution of the Republic of Singapore, which states in full that "Malay, Mandarin, Tamil and English shall be the 4 official languages in Singapore." For at least these reasons, Complainant requests that this administrative proceeding proceed in the English language.

 

The Panel finds Complainant's submissions on this issue unpersuasive because the language of the applicable registration agreement is Chinese. However, because the <thruthebibleinthirtyweeks.com> domain name is in English and comprises the entirety of Complainant's THRU THE BIBLE trademark, together with the English words "in thirty weeks", the Panel is satisfied, in the absence of a Response, that Respondent is likely to be proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding.

 

Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the Chinese and English language Written Notice of the Complaint and, absent a Response, determines that the remainder of the proceedings may be conducted in English.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant, Thru The Bible, Inc., a California nonprofit, has used the THRU THE BIBLE trademark throughout the U.S. since its founding in 1967. Complainant's bible study programs offered under the THRU THE BIBLE mark have been aired on radio stations in the U.S. since its founding, and are now produced in over 130 languages and dialects around the world.  Complainant owns a federal trademark registration for THRU THE BIBLE. Respondent's <thruthebibleinthirtyweeks.com> domain name is confusingly similar to Complainant's mark.

 

Respondent has no rights or legitimate interests in the domain name. Respondent is neither an authorized vendor nor a licensee of Complainant and does not have authorization to use the THRU THE BIBLE mark or to register any domain name containing the mark or any confusingly similar variation thereof. Upon information and belief Respondent is not commonly known as "thru the bible" or any similar variation thereof. Respondent is not using the domain name in connection with a legitimate noncommercial use or fair use and is not using the domain name to comment upon Complainant. The domain name does not resolve to an active website.

 

The domain name was registered and is used in bad faith.  Complainant has used the THRU THE BIBLE mark for decades before the domain name was registered. The mere initial interest confusion caused by the similarity between the THRU THE BIBLE mark and the domain name is sufficient for a finding of bad faith. Where a domain name is so obviously connected with a well-known trademark, its very use by someone with no connection to the trademark suggests opportunistic bad faith. Respondent's failure to actively use the domain name also permits an inference of registration and use in bad faith. Complainant has never granted Respondent permission to use its THRU THE BIBLE mark or any similar variation thereof, nor granted Respondent permission to register the domain name. Finally, the domain name is also registered through a privacy service, giving rise to a presumption of bad faith registration and use under the Policy. Given Complainant's widespread and longstanding use of the THRU THE BIBLE mark, it is not possible to conceive of a use of the domain name that would not infringe Complainant's rights.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant has established all the elements entitling it to relief.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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").

 

Identical and/or Confusingly Similar

 

Complainant has shown that it has rights in the THRU THE BIBLE mark through registration with the USPTO (Reg. No. 6,939,105, registered on January 3, 2023). The Panel finds Respondent's <thruthebibleinthirtyweeks.com> domain name to be confusingly similar to Complainant's mark, only differing by the addition of the words "in thirty weeks", which do nothing to distinguish the domain name from the mark, and the inconsequential ".com" generic top-level domain ("gTLD"), which may be ignored. See, for example, Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429.

 

Complainant has established this element.

 

Rights or Legitimate Interests

 

Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e.

 

(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 <thruthebibleinthirtyweeks.com> domain name was registered on October 13, 2023, several months after the registration of Complainant's THRU THE BIBLE mark, which was applied for on July 7, 2021. The domain name does not resolve to an active website. 

 

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 <thruthebibleinthirtyweeks.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.

 

Complainant has established this element.

 

Registration and Use in Bad Faith

 

Paragraph 4(b) of the Policy sets out some circumstances which shall be evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy. As noted in the WIPO Jurisprudential Overview 3.0, Section 3.1, those circumstances are not exclusive and a complainant may demonstrate bad faith under paragraph 4(a)(iii) by showing that a respondent seeks to take unfair advantage of, abuse, or otherwise engage in behavior detrimental to the complainant's trademark.

 

In the absence of any Response, the circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant's THRU THE BIBLE mark when Respondent registered the <thruthebibleinthirtyweeks.com> domain name and that Respondent did so in bad faith with intent to take unfair advantage of Complainant's mark.

 

Although the domain name does not resolve to an active website, as in the leading case of Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, there is no conceivable active use that could be made of the domain name that would not amount to an infringement of Complainant's rights in its THRU THE BIBLE mark. Accordingly, the Panel finds that Respondent's passive use of the domain name demonstrates registration and use in 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 <thruthebibleinthirtyweeks.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: December 8, 2023.