DECISION

 

Antica Farmacista, LLC v. zheng zhou

Claim Number: FA2501002135358

 

PARTIES

Complainant is Antica Farmacista, LLC ("Complainant"), United States, represented by Neil Peluchette of Taft Stettinius & Hollister LLP, United States. Respondent is zheng zhou ("Respondent"), China.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <shopanticafarmacista.com>, registered with Cosmotown, 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.

 

David E. Sorkin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 15, 2025; Forum received payment on January 15, 2025.

 

On January 16, 2025, Cosmotown, Inc. confirmed by email to Forum that the <shopanticafarmacista.com> domain name is registered with Cosmotown, Inc. and that Respondent is the current registrant of the name. Cosmotown, Inc. has verified that Respondent is bound by the Cosmotown, 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 January 17, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 6, 2025 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@shopanticafarmacista.com. Also on January 17, 2025, 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, Forum transmitted to the parties a Notification of Respondent Default.

 

On February 7, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin 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.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant markets fragrances, perfumes, and related products under the ANTICA FARMACISTA mark online and through physical retail locations and third-party retailers. Complainant has used the mark in connection with its products since 2003 and owns longstanding United States trademark registrations for the mark in standard character form. Complainant also owns the domain name <anticafarmacista.com>, which it has used to market its products directly to consumers since 2004.

 

The disputed domain name <shopanticafarmacista.com> was registered in March 2024. The name is registered to Respondent, although Respondent's identity is redacted from the public domain name registration record. The domain name is being or has been used for a website that prominently displays Complainant's mark and logo, mimics the appearance of Complainant's website, and offers for sale what appear to be Complainant's goods and unrelated goods, at discounted prices. Complainant notes that Respondent has been a party to other proceedings under the Policy that also involved the use of domain names that included the word "shop" to impersonate other trademark owners. See Colored Organics LLC v. Zheng Zhou, FA 2130784 (Forum Jan. 16, 2025) (ordering transfer of <coloredorganicsshop.com>); Jonathan Adler Enterprises, LLC v. Zheng Zhou, FA 2128188 (Forum Jan. 2, 2025) (ordering transfer of <jonathanadlershop.com>); Buff City Soap Holdings, LLC v. Zheng Zhou, FA 2110619 (Forum Sept. 4, 2024) (ordering transfer of <buffcitysoapshop.com>). Complainant states that Respondent is not commonly known by the domain name, is not associated with Complainant, and is not authorized to use Complainant's mark.

 

Complainant contends on the above grounds that the disputed domain name <shopanticafarmacista.com> is confusingly similar to its ANTICA FARMACISTA 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.

 

FINDINGS

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.

 

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 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/; UDRP Perspectives on Recent Jurisprudence, §§ 0.2, 0.8 (updated Jan. 15, 2025), available at https://udrpperspectives.org/; 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").

 

Identical and/or Confusingly Similar

The disputed domain name <shopanticafarmacista.com> incorporates Complainant's registered ANTICA FARMACISTA trademark, omitting the space and adding the generic term "shop" and the ".com" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Colored Organics LLC v. Zheng Zhou, supra (finding <coloredorganicsshop.com> confusingly similar to COLORED ORGANICS); Jonathan Adler Enterprises, LLC v. Zheng Zhou, supra (finding <jonathanadlershop.com> confusingly similar to JONATHAN ADLER); Buff City Soap Holdings, LLC v. Zheng Zhou, supra (finding <buffcitysoapshop.com> confusingly similar to BUFF CITY SOAP); Patriot Supply Store, Inc. v. Hongya Qiao, FA 2101381 (Forum July 5, 2024) (finding <shopmypatriotsupply.com> confusingly similar to MY PATRIOT SUPPLY); MELISSA & DOUG, LLC v. Xinyi Wang, FA 2021654 (Forum Jan. 3, 2023) (finding <shopmelissadoug.com> confusingly similar to MELISSA & DOUG); Georgica Pine Clothiers, LLC. v. Rgdsf Phdsd, FA 2020592 (Forum Dec. 16, 2022) (finding <shopjmclaughlin.com> confusingly similar to J. MCLAUGHLIN). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.

 

Rights or Legitimate Interests

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. Its sole apparent use has been for a website that attempts to pass off as Complainant and offers or purports to offer for sale competing, unauthorized, and likely counterfeit products. Such use does not give rise to rights or interests under the Policy. See, e.g., Boardriders IP Holdings LLC v. Zheng Zhou, FA 2134159 (Forum Jan. 31, 2025) (finding lack of interests in similar circumstances); Hi-Tec Sports International Holdings B.V. v. Zheng Zhou, Zhenhe Qiu, D2024-5010 (WIPO Jan. 21, 2025) (same); Colored Organics LLC v. Zheng Zhou, supra (same); Jonathan Adler Enterprises, LLC v. Zheng Zhou, supra (same); Buff City Soap Holdings, LLC v. Zheng Zhou, supra (same); Patriot Supply Store, Inc. v. Hongya Qiao, supra (same); MELISSA & DOUG, LLC v. Xinyi Wang, supra (same); Georgica Pine Clothiers, LLC. v. Rgdsf Phdsd, supra (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.

 

Registration and Use in Bad Faith

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 registered a domain name incorporating Complainant's registered mark and is using it for a website that attempts to pass off as Complainant and offers or purports to offer for sale competing, unauthorized, and likely counterfeit products. Such circumstances are indicative of bad faith registration and use under the Policy. See, e.g., Boardriders IP Holdings LLC v. Zheng Zhou, supra (finding bad faith registration and use in similar circumstances); Hi-Tec Sports International Holdings B.V. v. Zheng Zhou, Zhenhe Qiu, supra (same); Colored Organics LLC v. Zheng Zhou, supra (same); Jonathan Adler Enterprises, LLC v. Zheng Zhou, supra (same); Buff City Soap Holdings, LLC v. Zheng Zhou, supra (same); Patriot Supply Store, Inc. v. Hongya Qiao, supra (same); MELISSA & DOUG, LLC v. Xinyi Wang, supra (same); Georgica Pine Clothiers, LLC. v. Rgdsf Phdsd, supra (same). The Panel so finds.

 

DECISION

Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <shopanticafarmacista.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

David E. Sorkin, Panelist

Dated: February 7, 2025