Westmore · UDRP DecisionGilaed.com
The Panel ordered transfer of <gilaed.com>, finding that the transposition of the letters “e” and “a” in GILEAD created confusing similarity, that the Respondent had not rebutted the Complainant’s prima facie case on rights or legitimate interests, and that the domain’s misspelling of the distinctive GILEAD mark, MX configuration, and passive holding supported bad-faith registration and use.
The timeline behind gilaed.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 gilaed.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:
The decision illustrates the combination of a straightforward transposition typo, a parked page, and configured MX records. The Panel did not require proof of an actual fraudulent email campaign: the domain’s composition, the mark’s distinctiveness and reputation, the email capability indicated by MX records, and passive holding were sufficient under the totality of the circumstances.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
ARBITRATION AND MEDIATION CENTER ADMINISTRATIVE PANEL DECISION Gilead Sciences, Inc. v. Ivy Jon Case No. D2026-0699 1. The Parties The Complainant is Gilead Sciences, Inc., United States of America (“United States”), internally represented. The Respondent is Ivy Jon, United States. 2. The Domain Name and Registrar The disputed domain name <gilaed.com> is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 18, 2026. On February 19, 2026, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same day, 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 (Redacted for Privacy, Privacy service provided by Withheld for Privacy ehf) and contact information in the Complaint. The Center sent an email communication to the Complainant on February 19, 2026, 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 February 23, 2026. 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 February 25, 2026. In accordance with the Rules, paragraph 5, the due date for Response was March 17, 2026. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 21, 2026. The Center appointed Michelle Brownlee as the sole panelist in this matter on March 24, 2026. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration page 2 of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background The Complainant is a pharmaceutical company that was founded in California, United States in 1987. The Complainant owns numerous registrations for the GILEAD trademark in jurisdictions throughout the world in connection with pharmaceutical products and related services, including the following: United States Registration Number 3251595, registered on June 12, 2007; Singapore Registration Number T0803446D, registered on July 24, 2008; and European Union Registration Number 3913167, registered on November 7, 2005. The Complainant owns the domain name <gilead.com>, which it has been using since at least as early as 1997 in connection with its products and services. The disputed domain name was registered on August 4, 2025. The disputed domain name resolves to a page that says that “gilaed.com is parked free, courtesy of GoDaddy.com” and has links relating to conditioning and training for athletes. 5. Parties’ Contentions A. Complainant The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name. Notably, the Complainant contends that the disputed domain name is confusingly similar to its GILEAD trademark, that the Respondent has no rights to or legitimate interests in respect of the disputed domain name and that the Respondent has registered and is using the disputed domain name in bad faith. The Complainant contends that the Respondent is using the disputed domain name as a means of earning affiliate marketing commissions through the links on the parked page. The Complainant also provided evidence that the disputed domain name has been set up with mail exchange (MX) records, which would enable the disputed domain name to be used to send emails, which would likely be for fraudulent purposes. The Complainant argues that the Respondent’s use of a privacy shield is further evidence of the Respondent’s bad faith. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar 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 of WIPO Panel Views on Select UDRP Questions (“WIPO Overview 3.1”), section 1.7. page 3 The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy. WIPO Overview 3.1, section 1.2.1. The Panel finds the mark is recognizable within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.1, section 1.7. In this case, the disputed domain name transposes the “e” and the “a” in the Complainant’s GILEAD mark, which is a minor variation that results in the disputed domain name being confusingly similar to the Complainant’s GILEAD mark. WIPO Overview 3.1, section 1.9. The Panel finds the first 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 that 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 often 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 forward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.1, section 2.1. Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. 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. The Panel finds the second element of the Policy has been established. C. Registered and Used in Bad Faith The Panel notes that, for 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 faith. 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 faith. WIPO Overview 3.1, section 3.2.1. In the present case, the Panel notes that the Respondent registered the disputed domain name that is nearly identical to, and contains a minor variation of, the Complainant’s distinctive trademark and that MX records have been set up for the disputed domain name, which is strong evidence that the Respondent has used or might use the disputed domain name in connection with sending emails, possibly designed to create the false impression that they originate from the Complainant. Panels have found that the non-use of a domain name (including a page that is “parked” with a registrar) would not by itself prevent a finding of bad faith under the doctrine of passive holding. To the contrary, in looking at the totality of circumstances in each case, panels have found that the registration and non-use of a domain name can still constitute bad faith for purposes of the Policy. WIPO Overview 3.1, section 3.3. Having reviewed the available record, the Panel notes the distinctiveness and reputation of the Complainant’s trademark and the composition of the disputed domain name which contains a misspelling of page 4 the mark, and finds that in the circumstances of this case the passive holding of the disputed domain name does not prevent a finding of bad faith under the Policy. The Panel finds that the Complainant has established the third element of the Policy. 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 <gilaed.com> be transferred to the Complainant. /Michelle Brownlee/ Michelle Brownlee Sole Panelist Date: April 7, 2026
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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