Indeedcampus.com

The timeline behind indeedcampus.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

DECISION Indeed, Inc. v. indeedworld Claim Number: FA2106001952807 PARTIES Complainant is Indeed, Inc. (“Complainant”), represented by Ryan Masters of Indeed, Inc., Texas, USA. Respondent is indeedworld (“Respondent”), India. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <indeedcampus.com>, registered with BigRock Solutions Ltd. 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 the Forum electronically on June 25, 2021. The Forum received payment on June 26, 2021. On June 28, 2021, BigRock Solutions Ltd confirmed by e-mail to the Forum that the <indeedcampus.com> domain name is registered with BigRock Solutions Ltd and that Respondent is the current registrant of the name. BigRock Solutions Ltd has verified that Respondent is bound by the BigRock Solutions Ltd 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 30, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 20, 2021 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@indeedcampus.com. Also on June 30, 2021, 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, the Forum transmitted to the parties a Notification of Respondent Default. On July 21, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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, the 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, Indeed Inc., operates a worldwide job search website. Complainant has rights in the INDEED mark through numerous registrations including with the United States Patent and Trademark Office (“USPTO”). Respondent’s <indeedcampus.com> domain name is identical or confusingly similar to Complainant’s mark. Respondent lacks rights and legitimate interests in the <indeedcampus.com> domain name as Respondent is not commonly known by the domain name and has not been licensed or otherwise permitted to use Complainant’s INDEED mark. Additionally, Respondent does not use the domain name for any bona fide offering of goods or services, nor for any legitimate noncommercial or fair use. Instead, Respondent has impersonated Complainant through email for fraudulent purposes. Respondent registered the <indeedcampus.com> domain name in bad faith with actual knowledge of Complainant’s rights in the INDEED mark and uses it to impersonate Complainant for the purpose of fraudulently acquiring financial information and payments from Complainant’s customers. 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 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 3.0 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 INDEED mark through its registration with multiple trademark agencies, including the USPTO (e.g. Reg. 3,141,242, registered Sept. 12, 2006). The Panel finds Respondent’s <indeedcampus.com> domain name to be confusingly similar to Complainant’s mark as it incorporates the INDEED mark in its entirety, merely adding the generic term “campus”, which is insufficient to distinguish the domain name from the mark, and the inconsequential “.com” generic top-level domain (“gTLD”), which may be ignored. Complainant has established this element. Rights or Legitimate Interests Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e. (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 <indeedcampus.com> domain name was registered on July 8, 2020. It does not resolve to an active website but has been used by Respondent to send emails to consumers that appear to come from Complainant, telling them that they need to pay to gain better access to job opportunities and seeking their personal financial information. A sample of such an email exhibited to the Complaint displays Complainant’s USPTO registered word and design mark [IMAGE OMITTED], Reg. No. 3,984,951, registered on June 28, 2011. These circumstances, coupled 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 domain name. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014). Respondent has made no attempt to do so. In the circumstances of this case, 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 The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s well-known INDEED word and design marks when Respondent registered the <indeedcampus.com> domain name and that Respondent registered and has used the domain name in bad faith by impersonating Complainant in fake job emails for the purpose of fraudulently acquiring financial information and obtaining money from Complainant’s customers and potential customers. 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 <indeedcampus.com> domain name be TRANSFERRED from Respondent to Complainant. Alan L. Limbury, Panelist Dated: July 26, 2021 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.