DECISION

 

United States Semiquincentennial Commission v. Trai Pham

Claim Number: FA2602002205219

 

PARTIES

Complainant is United States Semiquincentennial Commission ("Complainant"), represented by Jonathan Uffelman of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, District of Columbia, USA. Respondent is Trai Pham ("Respondent"), Viet Nam.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <america250official.com> and <officialamerica250.store>, registered with NameCheap, 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 February 13, 2026. Forum received payment on February 13, 2026.

 

On February 13, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <america250official.com> and <officialamerica250.store> domain names are registered with NameCheap, Inc. and that Respondent is the current registrant of the names. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, 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 February 17, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 9, 2026 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registrations as technical, administrative, and billing contacts, and to postmaster@america250official.com, postmaster@officialamerica250.store. Also on February 17, 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 registrations as technical, administrative and billing contacts.

 

Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.

 

On March 10, 2026, 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 names be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant, United States Semiquincentennial Commission, was established by Congress in 2016 to orchestrate the 250th anniversary of the United States' founding. Complainant has common law and registered rights in the AMERICA 250 word and logo marks. Since late 2023, Complainant has operated its official store at the website "www.america250.org" to sell a variety of products under its logo mark.

 

The <america250official.com> and <officialamerica250.store> domain names are confusingly similar to Complainant's AMERICA 250 mark.

 

Respondent has no rights or legitimate interest in the domain names. Respondent's use of the domain names to lure visitors to its websites by impersonating Complainant, trading off of Complainant's name and logos, and adopting Complainant's identity wholesale does not constitute a bona fide offering of goods or services or a legitimate non-commercial or fair use. Respondent is not, and has never been, commonly known by the domain names and Complainant has not authorized Respondent to use the AMERICA 250 mark.

 

Respondent's registration and use of the domain names constitute bad faith under Sections 4(b)(ii), (iii) and (iv) of the UDRP. Respondent undoubtedly knew of Complainant's rights in the AMERICA 250 mark before registering the domain names.

 

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 3.1 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 AMERICA 250 word mark, namely USPTO Registration No. 7,844,524, registered on June 24, 2025 and in the AMERICA 250 logo mark, namely USPTO Registration No. 8,132,558, registered on February 10, 2026, in each case for inter alia "Promoting public interest and awareness regarding the semiquincentennial of the United States of America", in International Class 35, claiming first use in commerce in 2023.

 

It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the complainant's trademark and the disputed domain names. WIPO Overview 3.1, ¶ 1.7.

 

The Panel finds Respondent's <america250official.com> and <officialamerica250.store> domain names to be confusingly similar to Complainant's AMERICA 250 mark, only differing by the addition of the dictionary word "official" which is insufficient to distinguish the domain names from Complainant's mark. The inconsequential ".com" and "store" generic top-level domains ("gTLDs") may be ignored under this element. See 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 a 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 <america250official.com> and <officialamerica250.store> domain names were registered respectively on October 27, 2025 and January 16, 2026, several months after the registration of Complainant's AMERICA 250 word mark and some two years after the first use by Complainant of its AMERICA 250 logo mark. Until disabled by the Registrar, they resolved to websites prominently displaying Complainant's logo mark; purporting to sell merchandise bearing that mark; and claiming to be the "Official Store" of AMERICA 250. There is no disclaimer of any relationship with Complainant.

 

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 names on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <america250official.com> and <officialamerica250.store> domain names. 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 names.

 

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 a 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 AMERICA 250 word and logo marks when Respondent registered the <america250official.com> and <officialamerica250.store> domain names and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's websites, by creating a likelihood of confusion with Complainant's marks as to the source, sponsorship, affiliation, or endorsement of Respondent's websites and of the products promoted on those websites. 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 <america250official.com> and <officialamerica250.store> domain names be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: March 11, 2026