DECISION

 

AbbVie Inc. v. Joan pad

Claim Number: FA2601002198228

 

PARTIES

Complainant is AbbVie Inc. ("Complainant"), represented by Molly Buck Richard of Richard Law Group, Inc., Texas, USA. Respondent is Joan pad ("Respondent"), Russian Federation.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <usa-abbvie.app>, registered with Gname.com Pte. Ltd.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Sandra J. Franklin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 6, 2026; Forum received payment on January 6, 2026.

 

On January 7, 2026, Gname.com Pte. Ltd. confirmed by e-mail to Forum that the <usa-abbvie.app> domain name is registered with Gname.com Pte. Ltd. and that Respondent is the current registrant of the name. Gname.com Pte. Ltd. has verified that Respondent is bound by the Gname.com Pte. Ltd. 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 8, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 28, 2026 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@usa-abbvie.app. Also on January 8, 2026, 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 January 29, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Sandra J. Franklin 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

1.       Respondent's <usa-abbvie.app> domain name is confusingly similar to Complainant's ABBVIE mark.

 

2.       Respondent does not have any rights or legitimate interests in the <usa-abbvie.app> domain name.

 

3.       Respondent registered and uses the <usa-abbvie.app> domain name in bad faith.

 

B. Respondent did not file a Response.

 

FINDINGS

Complainant is a biopharmaceutical company. Complainant holds a registration for the ABBVIE mark with the United States Patent and Trademark Office ("USPTO") (Reg. No. 4,340,091, registered May 21, 2013).

 

Respondent registered the <usa-abbvie.app> domain name on December 19, 2025, and does not make an active use of the domain name.  The <usa-abbvie.app> domain name resolves to a warning message.

 

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

The Panel finds that Complainant has rights in the ABBVIE mark based on registration with the USPTO.  See Brooks Sports, Inc. v. Joyce Cheadle, FA 1819065 (Forum Dec. 28, 2018) (finding that Complainant's registration of the BROOKS mark with the USPTO sufficiently conferred its rights in the mark under Policy ¶ 4(a)(i)).

 

Respondent's <usa-abbvie.app> domain name uses the ABBVIE mark and simply adds "usa", a hyphen, and a top-level domain. These changes do not sufficiently distinguish a disputed domain name from a mark for the purposes of Policy ¶ 4(a)(i). See Ant Small and Micro Financial Services Group Co., Ltd. v. Ant Fin, FA 1759326 (Forum Jan. 2, 2018) ("Respondent's <antfinancial-investorrelations.com> Domain Name is confusingly similar to Complainant's ANT FINANCIAL mark.  It incorporates the mark entirely.  It adds a hyphen, the descriptive terms "investor relations," and the ".com" gTLD, but these additions are insufficient to distinguish the Domain name from complainant's mark for the purposes of Policy ¶ 4(a)(i).") The Panel therefore finds that Respondent's <usa-abbvie.app> domain name confusingly similar to Complainant's ABBVIE mark.

 

The Panel finds that Complainant has satisfied Policy ¶ 4(a)(i).

 

Rights or Legitimate Interests

Once Complainant makes a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), the burden shifts to Respondent to show it does have rights or legitimate interests. See Advanced International Marketing Corporation v. AA-1 Corp, FA 780200 (Forum Nov. 2, 2011) (finding that a complainant must offer some evidence to make its prima facie case and satisfy Policy ¶ 4(a)(ii)); see also Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014) ("Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests.")

 

Complainant argues that Respondent does not have rights or legitimate interests in the <usa-abbvie.app> domain name because Respondent is not commonly known by the domain name and is not licensed or authorized to use Complainant's ABBVIE mark. The WHOIS information for the disputed domain name lists the registrant as "Joan pad". Therefore, the Panel finds that Respondent is not commonly known by the disputed domain name, and thus has no rights under Policy ¶ 4(c)(ii). See Chevron Intellectual Property LLC v. Fred Wallace, FA 1626022 (Forum July 27, 2015) (finding that the respondent was not commonly known by the <chevron-europe.com> domain name under Policy ¶ 4(c)(ii), as the WHOIS information named "Fred Wallace" as registrant of the disputed domain name).

 

Complainant argues that Respondent fails to use the <usa-abbvie.app> domain name for a bona fide offering of goods or services or legitimate noncommercial or fair use as the domain name resolves to a warning message. The Panel notes that there is no active content at <usa-abbvie.app>. Complainant provides a screenshot showing that the disputed domain name resolves to the message "Dangerous site."  The Panel that this is not a bona fide offering of goods or services or legitimate noncommercial or fair use and thus Respondent has no rights under Policy ¶¶ 4(c)(i) or (iii). See aTP-LINK SYSTEMS INC. v. Karl Schnurch / EdenMedia, FA 2152582 (Forum May 22, 2025) ("Using a disputed domain name to distribute malware does not support any rights or legitimate interests for a respondent under Policy ¶ 4(a)(ii)."); see also Teachers Ins. and Annuity Ass'n of Am. V. Wreaks Commc'ns Group (WIPO June 15, 2006) ("passive holding does not constitute 'legitimate non-commercial or fair use'").  

 

The Panel finds that Complainant has satisfied Policy ¶ 4(a)(ii).

 

Registration and Use in Bad Faith

Complainant argues that Respondent's use of the disputed domain names to attempt to distribute malware constitutes bad faith. The Panel agrees and finds bad faith registration and use. See Law School Admission Council, Inc. v. True Magic LLC, FA 2137886 (Forum Feb. 21, 2025) ("Offering malware via a domain name containing a complainant's mark is bad faith under the Policy."); see also AbbVie Inc. v. Hernan Diaz / REDACTED FA 2173205 (Forum Sept. 23, 2025) (finding the use of the domain name in connection with a site that has been flagged as dangerous demonstrates Respondent's bad faith registration and use).

 

Complainant also argues that Respondent registered the <usa-abbvie.app> domain name with knowledge of Complainant's rights in the ABBVIE mark. The Panel agrees, noting the long-standing, widespread use of the mark, and finds that Respondent registered the disputed domain name with full knowledge of Complainant's rights, demonstrating further bad faith under Policy ¶ 4(a)(iii). See AbbVie Inc. v. Season Advertising, S.L., FA 1727071 (Forum Jun. 12, 2017) (holding that the ABBVIE mark was famous and that "actual knowledge of a complainant's rights in the mark prior to registering the disputed domain name is adequate evidence of bad faith under Policy ¶ 4(a)(iii).") 

 

The Panel finds that Complainant has satisfied Policy ¶ 4(a)(iii).

 

DECISION

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

 

Accordingly, it is Ordered that the <usa-abbvie.app> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Sandra J. Franklin, Panelist

Dated: January 30, 2026