Advancedsbldg.com

The timeline behind advancedsbldg.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 SRS Distribution Inc. v. arc henry Claim Number: FA2205001998533 PARTIES Complainant is SRS Distribution Inc. (“Complainant”), represented by Stephanie A. Schmidt of Norton Rose Fulbright US LLP, Texas, USA. Respondent is arc henry (“Respondent”), Ohio, USA. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <advancedsbldg.com>, registered with NameCheap, Inc. 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 May 31, 2022. The Forum received payment on May 31, 2022. On May 31, 2022, NameCheap, Inc. confirmed by e-mail to the Forum that the <advancedsbldg.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, 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 1, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 21, 2022 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@advancedsbldg.com. Also on June 1, 2022, 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 June 29, 2022, 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 is a Texas-based company that distributes roofing materials. Complainant claims rights in the ADVANCED BUILDING PRODUCTS mark through registration with the United States Patent and Trademark Office (“USPTO”). The domain name <advancedsbldg.com> is confusingly similar to Complainant’s mark. Respondent lacks rights or legitimate interests in the <advancedsbldg.com> domain name. Respondent is not commonly known by the domain name, nor has Complainant authorized Respondent to use the ADVANCED BUILDING PRODUCTS mark in any way. Respondent fails to use the domain name in connection with a bona fide offering of goods or services nor for a legitimate noncommercial or fair use. Instead, Respondent makes no current use of the resolving webpage of the domain name. Instead, Respondent used the <advancedsbldg.com> domain name in an intentional phishing scheme to defraud a customer of Complainant. Between February 16, 2022 (the day the domain name was registered) and March 11, 2022, Respondent sent emails to Complainant’s customer using an email address comprising the <advancedsbldg.com> domain name and the personal name of an employee of Complainant, in the format “personal.name@advancedsbldg.com.” Knowing Complainant’s customer was familiar with Complainant’s mark and Complainant’s <advancedbldg.com> domain name, Respondent fraudulently induced the customer to transfer a nearly $750,000 wire payment from Complainant’s customer to Respondent’s own bank account. Respondent registered and uses the disputed domain name in bad faith to pass itself off as Complainant in furtherance of the phishing scheme described above. 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 ADVANCED BUILDING PRODUCTS mark through registration with the USPTO (e.g., Reg. No. 5,112,106 registered January 3, 2017). The Panel finds Respondent’s domain name <advancedsbldg.com> to be confusingly similar to Complainant’s mark because it incorporates the dominant portion of the mark, differing through a shortened version of the word “building,” omitting the word “products”, and adding the letter “s”. These differences are insufficient to distinguish the domain name from the mark. The inconsequential “.com” generic top-level domain (“gTLD”) 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 <advancedsbldg.com> domain name was registered on March 16, 2022, several years after Complainant registered its ADVANCED BUILDING PRODUCTS mark. It does not resolve to an active website but Complainant has shown that, starting on the very day on which the domain name was registered, the domain name has been used fraudulently in a phishing scheme. 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 domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (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 The four illustrative circumstances set out in paragraph 4(b) of the Policy as evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii) are not exclusive. Complainant has established this element. The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s ADVANCED BUILDING PRODUCTS mark when Respondent registered the <advancedsbldg.com> domain name and that Respondent has registered and is using the domain name in bad faith for the purpose of swindling money from unsuspecting customers of Complainant. 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 <advancedsbldg.com> domain name be TRANSFERRED from Respondent to Complainant. Alan L. Limbury, Panelist Dated: July 1, 2022 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.