Westmore · UDRP DecisionHaleoncreative.com
The Panel ordered transfer of <haleoncreative.com>. It found the domain confusingly similar to the Complainant’s HALEON mark, that the Respondent lacked rights or legitimate interests, and that the domain was registered and used in bad faith. Bad faith was supported by the Respondent’s apparent use of a Complainant employee’s name and part of the Complainant’s Dubai-based company address, together with passive holding, the mark’s distinctiveness and reputation, and the Respondent’s failure to respond.
The timeline behind haleoncreative.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 haleoncreative.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:
The case illustrates how apparent identity appropriation and false contact details can combine with passive holding to establish bad faith. The Panel did not rely on inactivity alone: it assessed the mark’s distinctiveness and reputation, the Respondent’s failure to respond, the lack of any demonstrated good-faith use, and registration details tied directly to the Complainant and its employee.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
ARBITRATION AN D MEDIATION CENTER ADMINISTRATIVE PANEL DECISION Haleon UK IP Limited v. Name Redacted Case No. D2025-2583 1. The Parties The Complainant is Haleon UK IP Limited, United Kingdom, represented by Saf eNames Ltd, United Kingdom. The Respondent is Name Redacted 1 . 2. The Domain Name and Registrar The disputed domain name <haleoncreative.com> is registered with Squarespace Domains LLC (the “Reg istrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 2, 2025. On July 2, 2025, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 2, 2025, the Registrar transmitted by email to the Center its verif ication response disclosing registrant and contact inf ormation f or the disputed domain name which partially dif f ered f rom the named Respondent (Redacted f o r Privacy) and contact inf ormation in the Complaint. The Center sent an email communication to the Complainant on July 4, 2025, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant f iled an amended Complaint on July 10, 2025. The Center verif ied that the Complaint together with the amended Complaint satisf ied the f ormal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules f or Unif orm Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules f or Unif orm Domain Name Dispute Resolution Policy (the “Supplemental Rules”). 1 The Respondent appears to have used the name of a Complainant’s employee when registering the disputed domain name. In light of the potential identity theft, the Panel has redacted the Respondent’s name from this Decision. However, the Panel has attached as Annex 1 to this Decision an instruction to the Registrar regarding transfer of the disputed domain name, which includes the name of the Respondent. The Panel has authorized the Center to transmit Annex 1 to the Registrar as part of the order in these proceedings and has indicated Annex 1 to this Decision shall not be published due to the exceptional circumstances of this case. See Banco Bradesco S.A. v. FAST 12785241 Attn. Bradescourgente.net / Name Redacted, WIPO Case No. D2009-1788. page 2 In accordance with the Rules, paragraphs 2 and 4, the Center f ormally notif ied the Respondent of the Complaint, and the proceedings commenced on July 14, 2025. In accordance with the Rules, paragraph 5, the due date for Response was August 3, 2025. The Respondent did not submit any response. Accordingly, the Center notif ied the Respondent’s def ault on August 10, 2025. The Center appointed Simone Huser as the sole panelist in this matter on August 15, 2025. The Panel f inds 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 British multinational consumer healthcare company established in July 2022. Th e Complainant holds the domain name <haleon.com> which hosts its main website. The Complainant owns numerous trademark registrations in several jurisdictions, including: - HALEON, International Trademark registration No. 1674572, registered on November 29, 2021, in international classes 3, 5, 9, 10, 21, 29, 30, 32, 35, 36, 41, 42, 44; and - HALEON, United Kingdom Trademark registration No. UK00003726732, registered on March 11, 2022, in international classes 3, 5, 9, 10, 21, 29, 30, 32, 35, 36, 41, 42, 44. Because the Respondent did not f ile a Response, not much is known about the Respondent. The disputed domain name was registered on May 8, 2025. According to the evidence submitted with the Complaint, the disputed domain name resolves to a site showing “We’re under construction”. 5. Parties’ Contentions A. Complainant The Complainant contends that it has satisfied each of the elements required under the Policy f or a transf er of the disputed domain name. Notably, the Complainant contends as f ollows: The disputed domain name is confusingly similar to the HALEON trademark in which the Complainant has rig hts, because it incorporates this trademark in its entirety, and the addition of the descriptive term “creative” is not suf f icient to avoid conf using similarity. The Respondent has no rights or legitimate interests in respect of the disputed domain name. The trademark HALEON has been extensively used to identify the Complainant and its products and services. The Respondent is neither connected to nor affiliated with the Complainant, has not been authorized by the Complainant to use this trademark, is not commonly known by the disputed domain name, and there is no evidence of the Respondent’s use, or demonstrable preparation to use, the disputed domain name in connection with a bona f ide of f ering of goods and services. The disputed domain name was registered in bad f aith because it is obvious that the Respondent had knowledge of both the Complainant and its well-kno wn trademark HALEON at the time it registered the disputed domain name. When registering the disputed domain name, the Respondent used the name of an page 3 employee of the Complainant and part of the Respondent’s contact address confirmed by the Registrar has been taken f rom the Complainant’s Dubai-based company address. The Respondent is using the disputed domain name in bad faith, by passively holding the disputed domain name. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings According to paragraph 4(a) of the Policy, in order to succeed, a complainant must establish each of the f ollowing elements: (i) the disputed domain name is identical or confusingly similar to the trademark or service mark in which the complainant has rights; (ii) the respondent has no rights or legitimate interests in respect of the disputed domain name; and (iii) the disputed domain name has been registered and is being used in bad f aith. A. Identical or Confusingly Similar It is well accepted that the f irst element f unctions 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 of WIPO Panel Views on Selected UDRP Questions, Third Edition, (“WIPO Overview 3.0”), section 1.7. The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy. WIPO Overview 3.0, section 1.2.1. The Panel f inds the entirety of the mark is reproduced within the disputed domain name. Although the addition of other terms such as here “creative” may bear on assessment of the second and third elements, the Panel finds that in the present case the addition of such term does not prevent a f inding of conf using similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8. The addition of the generic Top-Level Domain (“gTLD”) “.com” in the disputed domain name is a standard registration requirement and as such may be disregarded under the confusing similarity test under the Policy, paragraph 4(a)(i). See WIPO Overview 3.0, section 1.11.1. The Panel f inds the f irst element of the Policy has been established. B. Rights or Legitimate Interests Paragraph 4(c) of the Policy provides a list of circumstances in which the respondent may demonstrate rights or legitimate interests in a disputed domain name. Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is of ten primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come f orward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of page 4 proof always remains on the complainant). If the respondent f ails to come f orward with such relevant evidence, the complainant is deemed to have satisf ied the second element. WIPO Overview 3.0, section 2.1. Having reviewed the available record, the Panel finds that the Complainant has established a prima f acie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Complainant has not licensed or otherwise permitted the Respondent to use its HALEON trademark or to register the disputed domain name incorporating its mark. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise. Based on the available record, the Panel f inds the second element of the Policy has been established. C. Registered and Used in Bad Faith The Panel notes that, f or the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad f aith. Paragraph 4(b) of the Policy sets out a list of non-exhaustive circumstances that may indicate that a domain name was registered and used in bad faith, but other circumstances may be relevant in assessing whether a respondent’s registration and use of a domain name is in bad f aith. WIPO Overview 3.0, section 3.2.1. In the view of the Panel, noting that that the Complainant’s trademark rig hts predate the registration of the disputed domain name, and considering that part of the Respondent’s contact address has been taken f rom the Complainant’s Dubai-based company address and that the Respondent appears to have used the name of a third party employed with the Complainant when registering the disputed domain name, it is inconceivable that the Respondent could have registered the disputed domain name without knowledge of the Complainant’s trademark. In the circumstances of this case, this is evidence of registration in bad f aith. The disputed domain name currently resolves to a “coming soon site”. Panels have f ound that the non-use of a domain name (including a blank or “coming soon” page) would not prevent a finding of bad f aith under the doctrine of passive holding. Having reviewed the available record, the Panel f inds the non-use of the disputed domain name does not prevent a f inding of bad f aith in the circumstances of this proceeding. Although panels will look at the totality of the circumstances in each case, factors that have been considered relevant in applying the passive holding doctrine include: (i) the degree of distinctiveness or reputation of the complainant’s mark, (ii) the failure of the respondent to submit a response or to provide any evidence of actual or contemplated good-faith use, (iii) the respondent’s concealing its identity or use of f alse contact details (noted to be in breach of its registration agreement), and (iv) the implausibility of any good faith use to which the domain name may be put. WIPO Overview 3.0, section 3.3. Having reviewed the available record, the Panel notes the distinctiveness and reputation of the Complainant’s trademark, the failure of the Respondent to submit a response or to provide any evidence of actual or contemplated good-faith use, the Respondent’s use of false contact details as evidenced by the f act that it used the name of an employee of the Complainant and the address disclosed by the Registrar f or the Respondent partially corresponds to the Complainant’s Dubai-based company address. Theref ore, the Panel finds that in the circumstances of this case the passive holding of the disputed domain name does not prevent a f inding of bad f aith under the Policy. Based on the available record, the Panel finds that the Complainant has established the third element of the Policy with regard to the disputed domain name. page 5 7. Decision For the f oregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <haleoncreative.com> be transf erred to the Complainant. /Simone Huser/ Simone Huser Sole Panelist Date: August 29, 2025
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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