DECISION

 

One Home Brands, Inc. d/b/a Blueland v. Dillon Young

Claim Number: FA2603002210552

 

PARTIES

Complainant is One Home Brands, Inc. d/b/a Blueland ("Complainant"), represented by Zachary B. Fields of Herbert Smith Freehills Kramer (US) LLP, New York, USA. Respondent is Dillon Young ("Respondent"), District of Columbia, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <bluelandss.com>, registered with Dominet (HK) Limited.

 

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 March 16, 2026. Forum received payment on March 16, 2026.

 

On March 17, 2026, Dominet (HK) Limited confirmed by e-mail to Forum that the <bluelandss.com> domain name is registered with Dominet (HK) Limited and that Respondent is the current registrant of the name. Dominet (HK) Limited has verified that Respondent is bound by the Dominet (HK) Limited 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 March 17, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 6, 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@bluelandss.com. Also on March 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 registration as technical, administrative and billing contacts.

 

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

 

On April 7, 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 name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Since its founding in 2014, Complainant has become a recognized leader in the sustainable household‑cleaning industry, providing innovative and environmentally responsible household cleaning products under the BLUELAND mark.

 

The <bluelandss.com> domain name is confusingly similar—and nearly identical—to Complainant's BLUELAND mark.

 

Respondent lacks rights or a legitimate interest in the <bluelandss.com> domain name. Complainant has not authorized Respondent to use any version of the BLUELAND mark for any purpose. Upon information and belief, Respondent is not commonly known by the name <bluelandss.com>. The domain name resolves to a commercial website that is virtually identical to Complainant's official website as it existed at the time of registration. The only material difference is that the website displays artificially reduced prices (by as much as 50%), in an apparent effort to lure consumers into believing they are purchasing discounted Blueland products from an authorized source. This is plainly intended to deceive Internet users into believing that the website is operated by, or affiliated with, Complainant. The use of a confusingly similar domain name to clone Complainant's website, impersonate Complainant, and mislead consumers cannot constitute a bona fide offering of goods or services, nor a legitimate noncommercial or fair use under the Policy.

 

The <bluelandss.com> domain name has been registered and is being used in bad faith. Upon information and belief, Respondent registered and is using the typosquatted domain name in bad faith to intentionally exploit and profit from Complainant's well‑known BLUELAND mark.

 

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 mark BLUELAND, including USPTO Registration No. 5,957,966, registered on January 7, 2020 for "Household cleaning preparations; all-purpose cleaners; glass cleaners; non-medicated soaps", in International Class 3.

 

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 name. WIPO Overview 3.1, ¶ 1.7.

 

The Panel finds Respondent's <bluelandss.com> domain name to be confusingly similar to Complainant's BLUELAND mark, only differing by the additional letters "ss", which are insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".com" generic top-level domain ("gTLD") 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 <bluelandss.com> domain name was registered on December 16, 2025, several years after the registration of Complainant's BLUELAND mark. It resolves to a website prominently displaying Complainant's BLUELAND mark and offering for sale what appear to be Complainant's products at heavily discounted prices. There is no disclaimer of any association 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 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 <bluelandss.com> 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 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, its BLUELANDS mark and its "www.blueland.com" website when Respondent registered the <bluelandss.com> 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 products promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).

 

Further, the Panel finds the <bluelandss.com> domain name to be a typosquatted version of Complainant's BLUELAND mark. Typosquatting is independent evidence of bad faith registration and use of a domain name per Policy ¶ 4(a)(iii). See Homer TLC, Inc. v. Artem Ponomarev, FA 1623825 (Forum July 20, 2015).

 

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 <bluelandss.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: April 9, 2026