DECISION
Morgan Stanley v. Theophilus Aidoo
Claim Number: FA2501002136052
PARTIES
Complainant is Morgan Stanley ("Complainant"), represented by Eric J. Shimanoff of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Theophilus Aidoo ("Respondent"), Ghana.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <morgansttanley.org>, registered with PDR Ltd. d/b/a PublicDomainRegistry.com.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on January 20, 2025. Forum received payment on January 20, 2025.
On January 22, 2025, PDR Ltd. d/b/a PublicDomainRegistry.com confirmed by e-mail to Forum that the <morgansttanley.org> domain name is registered with PDR Ltd. d/b/a PublicDomainRegistry.com and that Respondent is the current registrant of the name. PDR Ltd. d/b/a PublicDomainRegistry.com has verified that Respondent is bound by the PDR Ltd. d/b/a PublicDomainRegistry.com 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 22, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 11, 2025 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@morgansttanley.org. Also on January 22, 2025, 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, Forum transmitted to the parties a Notification of Respondent Default.
On February 12, 2025, 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.
PARTIES' CONTENTIONS
A. Complainant
Complainant, Morgan Stanley, with its affiliates, offers a full range of financial, investment, and wealth management services to a broad spectrum of clients through a unique combination of institutional and retail capabilities. With offices in over 40 countries, and over 80,000 employees worldwide, Complainant offers truly global access to financial markets and advice. Complainant is the owner of the MORGAN STANLEY family of marks, which represent some of the most famous marks in the financial world. Complainant's primary website, operated for more than 20 years, is at "www.morganstanley.com".
Complainant owns registrations for its MORGAN STANLEY marks for financial services and related goods and services in countries all over the world, including with the United States Patent and Trademark Office ("USPTO"). Respondent's <morgansttanley.org> domain name is virtually identical or confusingly similar to Complainant's mark.
Respondent has no rights or legitimate interests in respect of the typosquatted <morgansttanley.org> domain name. Upon information and belief, neither MORGAN STANLEY nor the <morgansttanley.org> domain name is part of Respondent's name. Additionally, upon information and belief, prior to the time Complainant established rights in its MORGAN STANLEY mark, Respondent did not actually engage in any business or commerce under the name MORGAN STANLEY or the <morgansttanley.org> domain name, and Respondent was not commonly known by either of those names.
Respondent is not a licensee of Complainant, nor has Respondent ever been authorized by Complainant to register or use the MORGAN STANLEY mark or the <morgansttanley.org> domain name. Indeed, Respondent has no relationship whatsoever with Complainant. 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 a website that advertises the purported earning of cash and ability to withdraw to a bank account – services identical or closely related to those offered by Complainant - in an effort to impersonate Complainant and its famous MORGAN STANLEY marks. The website includes a purported "Log In" page, that reads "sign up or login today" ostensibly in an attempt to phish for personal or confidential information of Complainant's clients.
Respondent registered and uses the typosquatted <morgansttanley.org> domain name in bad faith with actual knowledge of Complainant's rights in the MORGAN STANLEY mark, and in fact chose the domain name because it is confusingly similar to Complainant's well-known marks, intending to capitalize on that confusion. By ostensibly using the domain name in connection with a scheme to impersonate Complainant or engage in phishing, Respondent seeks to falsely suggest that it is somehow endorsed by or affiliated with Complainant. By causing initial interest confusion, Respondent's use and registration of the domain name disrupts the business of Complainant.
Even in the absence of impersonation or phishing, Respondent's use of the confusingly similar domain name in connection with Respondent's website, which purports to offer financial services closely related to those that have been long offered by Complainant, under a domain name confusingly similar to Complainant's marks, is further evidence of bad faith use and registration.
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 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 the domain name should be cancelled or transferred:
(i) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(ii) Respondent has no rights or legitimate interests in respect of the domain name; and
(iii)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 as 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 MORGAN STANLEY mark through registration of the mark with the USPTO (e.g., Reg. No. 4,470,389, registered January 21, 2014). The Panel finds Respondent's <morgansttanley.org> domain name to be confusingly similar to Complainant's mark because, omitting the space between the words, it comprises the MORGAN STANLEY mark in its entirety with an additional letter "t", which does nothing to distinguish the domain name from the mark. The inconsequential gTLD ".org" may be ignored.
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 <morgansttanley.org> domain name was registered on October 26, 2024, many years after Complainant has shown that its MORGAN STANLEY mark had become famous worldwide. It resolves to a website headed "Music Gateway" and stating: "Hi Welcome Sign up or Login Today to shop and earn cash! Withdrawal to bank account (Limited to one mobile number". This is followed by Username and Password entry boxes to register or log in.
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 <morgansttanley.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
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) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on your web site or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant's famous MORGAN STANLEY mark when Respondent registered the <morgansttanley.org> domain name and did so primarily for the purpose of disrupting the business of a competitor. Further, that by using a clearly typosquatted domain name, itself evidence of bad faith, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's mark as to the source of Respondent's website and of the services promoted on that website. This demonstrates both registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iii) and (iv).
The Panel also finds that Respondent registered and is using the domain name in bad faith for the purpose of phishing for information from Internet users seeking to communicate with Complainant.
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 <morgansttanley.org> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: February 13, 2025
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