DECISION
Girls on the Run International v. Toby Gibson
Claim Number: FA2510002181663
PARTIES
Complainant is Girls on the Run International ("Complainant"), represented by Christel E. Harlacher of McGuireWoods LLP, Virginia, USA. Respondent is Toby Gibson ("Respondent"), Ireland.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <gotrflathead.org>, registered with DropCatch.com 723 LLC.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on October 8, 2025. Forum received payment on October 8, 2025.
On October 9, 2025, DropCatch.com 723 LLC confirmed by e-mail to Forum that the <gotrflathead.org> domain name is registered with DropCatch.com 723 LLC and that Respondent is the current registrant of the name. DropCatch.com 723 LLC has verified that Respondent is bound by the DropCatch.com 723 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 October 13, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 3, 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@gotrflathead.org. Also on October 13, 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 November 4, 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 is an internationally recognized non-profit organization dedicated to empowering girls and young women to achieve their potential and pursue their dreams. Complainant developed the GIRLS ON THE RUN (also known as "GOTR") program and accompanying curriculum, which teaches life skills through dynamic, interactive lessons and running games to achieve its mission. The GOTR curriculum is taught by certified Girls on the Run coaches throughout the United States and Canada.
Complainant owns and has used the GIRLS ON THE RUN mark in connection with its operations for almost 30 years. It began using the GOTR mark as an acronym for GIRLS ON THE RUN at least as early as 2011.
Complainant uses and registers domains that incorporate the GOTR marks, including <girlsontherun.org>, and oversees an extensive network of local chapters that are licensees of the GOTR marks. These local chapters often have individual websites for their specific chapter. The domains for the local chapters often combine "GOTR" with an abbreviation, acronym or full name of the geographic area covered by that local chapter, such as <gotrgreateralaska.org> and <gotrnorthbay.org>.
The <gotrflathead.org> domain name is virtually identical and confusingly similar to the GOTR mark and mimics Complainant's local chapters' domain names. "Flathead" is a geographic descriptor commonly used for the Flathead Valley territory that is referenced on Respondent's website.
As Respondent is not commonly known by "GOTR" or "Girls On The Run", has never used the domain name to make a bona fide offering of goods/services or for another legitimate purpose or fair use, and is clearly trading off the GOTR marks for its own financial gain, Respondent has no legitimate rights or interests in the <gotrflathead.org> domain name.
Respondent has acted in bad faith throughout the registration and use of the <gotrflathead.org> domain name. There can be little doubt that Respondent registered the domain name with Complainant and its marks squarely in mind, given Respondent's use of Complainant's exact logo and website content on Respondent's website, which gives the appearance of a legitimate chapter of Complainant's organization and intentionally misleads consumers into thinking Respondent is affiliated with Complainant, when it is not. Respondent's domain name uses the gTLD ".org" - just like Complainant's and its licensees' legitimate domain names. But unlike Complainant, a non-profit organization with a clear mission to positively impact girls and young women, Respondent's website promotes the benefits of online gambling. Such use of the domain name is disruptive to the interests of Complainant.
Upon information and belief, Respondent has added "flathead" in the domain name in the exact same format as the domains for some of Complainant's local chapters to increase the likelihood of confusion and misdirect Internet users looking for Complainant's legitimate websites to Respondent's online casino and sports gambling material.
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 trademark GOTR, namely USPTO Registration No. 4,478,242, registered on February 4, 2014 for "T-shirts, hooded T-shirts, jackets, running tank tops, running shorts and running tights", in International Class 25.
Complainant also has rights in the GIRLS ON THE RUN logo service mark, USPTO Registration No. 6,778,491, registered on July 5, 2022 for inter alia "Educational and entertainment services in the nature of athletic running program for young girls and women", in International Class 41.
The Panel finds Respondent's <gotrflathead.org> domain name to be confusingly similar to Complainant's GOTR mark, only differing by the addition of the word "flathead", a reference to Flathead Valley, which is insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".org" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
Complainant has established this element.
Rights or Legitimate Interests
Paragraph 4(c) of the Policy provides that any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Respondent's rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(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 <gotrflathead.org> domain name was registered on November 16, 2024, some 10 years after the registration of Complainant's GOTR mark. It resolves to a website prominently displaying Complainant's logo mark together with the words "Flathead valley" and promoting "Girls on the Run" evidence-based programs.
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 <gotrflathead.org> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (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(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) 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), including:
(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 and its GOTR mark when Respondent registered the <gotrflathead.org> domain name and that 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, sponsorship, affiliation, or endorsement of Respondent's website and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
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 <gotrflathead.org> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: November 5, 2025
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