DECISION
Baylor University v. ma hai
Claim Number: FA2606002227922
PARTIES
Complainant is Baylor University ("Complainant"), represented by Taylor M. Luke of Pirkey Barber PLLC, Texas, USA. Respondent is ma hai ("Respondent"), Great Britain.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <bcmmedicine.com>, registered with Cloudflare, Inc.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on June 17, 2026. Forum received payment on June 17, 2026.
On June 18, 2026, Cloudflare, Inc. confirmed by e-mail to Forum that the <bcmmedicine.com> domain name is registered with Cloudflare, Inc. and that Respondent is the current registrant of the name. Cloudflare, Inc. has verified that Respondent is bound by the Cloudflare, 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 June 23, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 13, 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@bcmmedicine.com. Also on June 23, 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 July 14, 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
Complainant, Baylor University, is the oldest continually operating institution of higher learning in Texas and the largest Baptist university in the world. It owns the marks BAYLOR, BAYLOR COLLEGE OF MEDICINE and BCM, which its licensee Baylor College of Medicine has been using in connection with its renowned medical services for over 30 years.
The <bcmmedicine.com> domain name is identical or confusingly similar to Complainant's marks BCM and BAYLOR COLLEGE OF MEDICINE.
Respondent has no rights or legitimate interests in the <bcmmedicine.com> domain name. Respondent has not used or made any 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. Rather, Respondent has used the domain name to impersonate Complainant's licensee Baylor College of Medicine, purporting to be a network of doctors specializing in "male infertility, erectile dysfunction, prostate diseases, and other andrological conditions." The website offers no contact information, hours of service, or practical ways of scheduling appointments or getting treatment. Further, Respondent has used the domain name in association with a social media presence used to scam potential consumers into believing that they are dealing with Baylor College of Medicine. Respondent is not commonly known by the domain name and is not making a legitimate noncommercial or fair use of the domain name.
Respondent registered and is using the domain name in bad faith in connection with a fraudulent scheme. Respondent's bad faith registration and use is also evidenced by its lack of any trademark or other intellectual property rights in the domain name; its website's use of Complainant's federally registered marks in a manner that impersonates Complainant and its licensees; its failure to use the domain name in connection with any bona fide offering of goods or services; and its failure to make any bona fide noncommercial or fair use of Complainant's marks.
Lastly, Complainant has found another website with the same formatting as <bcmmedicine.com>, presumably indicating that Respondent's scheme extends to multiple websites and multiple impersonated healthcare providers.
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 marks BCM, USPTO Registration No. 4,190,711, registered on August 14, 2012, and BAYLOR COLLEGE OF MEDICINE, USPTO Registration No. 3,119,420, registered on July 25, 2006, both for inter alia medical and scientific research, in International Class 42.
The Panel finds Respondent's <bcmmedicine.com> domain name to be confusingly similar to Complainant's BCM mark, only differing by the addition of the descriptive word "medicine", which is 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 <bcmmedicine.com> domain name was registered on April 3, 2026, several years after the registration of Complainant's marks. It resolves to a website headed "Baylor College of Medicine", and stating:
"Baylor College of Medicine is a professional medical institution focused on men's health. We have advanced medical equipment and an experienced medical team, dedicated to providing patients with the highest quality medical services."
The domain name has been used on Facebook Messenger saying:
"All our clinical protocols are backed by the expertise of Baylor College of Medicine in Houston. As one of the nation's premier medical institutions, we remain steadfast in prioritizing safety and precision above all else.
Our Location: 1 Baylor Plaza, Houston, TX 77030
Learn more:
https://bcmmedicine.com/
This professional commitment from Texas is designed to give you
complete peace of mind."
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 <bcmmedicine.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's licensee Baylor College of Medicine, and Complainant's BCM and BAYLOR COLLEGE OF MEDICINE marks when Respondent registered the <bcmmedicine.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 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 <bcmmedicine.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: July 15, 2026
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