Westmore · UDRP DecisionStat0il.com
The Panel ordered transfer of <stat0il.com>. It found the domain confusingly similar to the Complainant's registered STATOIL mark because the misspelling and addition of the ".com" gTLD did not avoid similarity. The Complainant established an unrebutted prima facie case that the Respondent lacked rights or legitimate interests. The Panel also found bad-faith registration and use, relying on the Respondent's presumed knowledge of the globally promoted mark, the uncontested allegation that the registration was intended to capitalize on the mark's goodwill for commercial gain, and the Respondent's default.
The timeline behind stat0il.com
Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.
Westmore reconstructs the full history behind stat0il.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:
The case illustrates a straightforward typo-domain dispute in which a numeral was substituted for a letter in a longstanding registered mark. It also shows that respondent default does not remove the complainant's burden of proof, although an unrebutted prima facie case and default may materially affect the assessment of rights or legitimate interests and bad faith.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Statoil ASA (“Statoil”) v. Registration Private, Domains By Proxy, LLC, DomainsByProxy.com / Katherine Spengler Case No. D2017-2238 1. The Parties The Complainant is Statoil ASA (“Statoil”) of Stavanger, Norway, represented by Valea AB, Sweden. The Respondent is Registration Private, Domains By Proxy, LLC, DomainsByProxy.com of Scottsdale, Arizona, United States of America (“United States”) / Katherine Spengler of La Mesa, California, United States. 2. The Domain Name and Registrar The disputed domain name <stat0il.com> is registered with Wild West Domains, LLC (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 13, 2017. On November 13, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 14, 2017, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on November 27, 2017 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on November 29, 2017. The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 5, 2017. In accordance with the Rules, paragraph 5, the due date for Response was December 25, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 26, 2017. The Center appointed Christos A. Theodoulou as the sole panelist in this matter on January 15, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background The Complainant is a large International energy Company with extensive operations worldwide and approximately 22000 employees, according to the uncontested allegations of the Complainant. It has been in business for over 40 years. The Complainant is the owner of numerous trademark registrations worldwide for STATOIL. The first registration for STATOIL was approved in 1974. There are registrations in various jurisdictions as also international registrations, such as international registration number 730092 STATOIL, international registration number 1220682 and European Union registration no. 003657871. All these registrations are before the registration of the disputed domain name as also, e.g. , registration number 2092960 registered on May 18, 2000 in Norway, registration number 3053053 registered on May 3, 2011 in United States, registration number 2586495 registered on November 25, 2011 in the United Kingdom of Great Britain and Northern Ireland. The disputed domain name <stat0il.com> was registered on August 10, 2016 and does not resolve to any active website. Furthermore, the Complainant is the owner of approximately 1000 domain names, comprising the STATOIL trademark, according to the uncontested allegations of the Complainant. 5. Parties’ Contentions A. Complainant The Complainant contends that the disputed domain name is identical or confusingly similar to trademarks or service marks in which the Complainant has rights, that the Respondent has no rights or legitimate interests in the disputed domain name and that the Respondent registered and is using the disputed domain name in bad faith. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings Before engaging in the threefold discussion of paragraph 4(a) of the Policy, the Panel will briefly address the procedural issue relating to the default of the Respondent. The implications of a default in this case are telling since the Complainant has the burden of proof, according to paragraph 4(a) of the Policy (“In the administrative proceeding, the complainant must prove that each of these three elements are present”). As such, the Panel cannot merely grant the Complainant’s request automatically due to the default, but it has to examine instead the evidence presented to determine whether or not the Complainant has proved its case, as required by the Policy. See FNAC v. Gauthier Raymond , WIPO Case No. D2004-0881 ; Sonofon A/S v. Vladimir Aleksic , WIPO Case No. D2007-0668 ; Gaudi Trade SpA v. Transure Enterprise Ltd , WIPO Case No. D2009-1028 . The Panel shall now proceed to the analysis of the evidence in this case, based on the three elements of paragraph 4(a) of the Policy. A. Identical or Confusingly Similar The Complainant has presented evidence to demonstrate that it owns registered trademark rights for STATOIL. The mere fact that the Respondent has misspelled the mark STATOIL and has added the generic Top-Level Domain (“gTLD”) “.com” does not affect the essence of the matter: the disputed domain name is confusingly similar to the trademark of the Complainant and, in the circumstances of this case, is by itself sufficient to establish the criterion of identity or confusing similarity for purposes of the Policy, as many previous UDRP panels have found. See, e.g. , Oki Data Americas , Inc. v. ASD, Inc. , WIPO Case No. D2001-0903 ; Koninklijke Philips Electronics N.V. v. K. Harjani Electronics Ltd. , WIPO Case No. D2002-1021 ; DFDS A/S v. NOLDC INC , WIPO Case No. D2006-1070 ; American Automobile Association, Inc. v. Bladimir Boyiko and Andrew Michailov , WIPO Case No. D2006-0252 . In view of the above, the Panel finds that the Complainant has discharged its burden of proof on this point and holds that the disputed domain name <stat0il.com> is confusingly similar to the Complainant’s trademark STATOIL. B. Rights or Legitimate Interests Paragraph 4(c) of the Policy provides a non-exhaustive list of circumstances which, if found by a panel to be proved based on its evaluation of the evidence presented, shall demonstrate a registrant’s right to or legitimate interest in a domain name. These examples are discussed in turn below, with regard to the specific facts of this case: (i) Use or demonstrable preparations to use the disputed domain name in connection with a bona fide offering of goods or services prior to the dispute: The Respondent is not making a bona fide offering of goods. (ii) An indication that the Respondent has been commonly known by the disputed domain name, even if it has acquired no trademark rights: In this case, there is no such indication from the present record. (iii) Legitimate noncommercial or fair use of the disputed domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademarks at issue: Again, in this case there is no such indication from the record. Further the Respondent does not seem to have any trademark registrations including the term “statoil”. Additionally, it is to be noted that the Respondent did not present evidence of any license by the Complainant, with whom there seems to exist no relationship whatsoever. As a conclusion on this point, the Panel finds that the Complainant has established an uncontested, prima facie case that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and the Complainant has satisfied paragraph 4(a)(ii) of the Policy. C. Registered and Used in Bad Faith Paragraphs 4(b)(i) to 4(b)(iv) of the Policy mention circumstances in order to demonstrate bad faith registration and use of a disputed domain name. According to the uncontested allegations of the Complainant, the Respondent registered the disputed domain name in bad faith, in order to capitalize on the goodwill of the trademark of the Complainant and attract commercial gain. Furthermore, the Respondent must have known of the existence of the mark because of its extensive and global promotion. Finally, the default of the Respondent in the present circumstances seems to “reinforce the inference of bad faith registration and bad faith use” ( The Hong Kong and Shanghai Banking Corporation Limited v. Bill Lynn , WIPO Case No. D2001-0915 ). As a consequence of the above, the Panel finds that the Respondent registered and is using the disputed domain name in bad faith. 7. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, <stat0il.com> be transferred to the Complainant. Christos A. Theodoulou Sole Panelist Date: January 16, 2018
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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