Vanguardia-limited.com

The timeline behind vanguardia-limited.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 The Vanguard Group, Inc. v. Sam Lotana / Bizzletech.net Claim Number: FA2208002010308 PARTIES Complainant is The Vanguard Group, Inc. ("Complainant"), United States, represented by Jacob Bishop of The Vanguard Group, Inc., United States. Respondent is Sam Lotana / Bizzletech.net ("Respondent"), Nigeria. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <vanguardia-limited.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. David E. Sorkin as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on August 30, 2022; Forum received payment on August 30, 2022. On August 30, 2022, NameCheap, Inc. confirmed by email to Forum that the <vanguardia-limited.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 August 31, 2022, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 20, 2022 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@vanguardia-limited.com. Also on August 31, 2022, the Written Notice of the Complaint, notifying Respondent of the email 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, Forum transmitted to the parties a Notification of Respondent Default. On September 28, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, 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 one of the world's largest financial services firms, providing products or services to more than 30 million investors in over 170 countries, and approximately $7.5 trillion in assets under management. Complainant has used the VANGUARD mark in connection with its products and services for many years. Complainant owns trademark registrations for VANGUARD, in standard character form and otherwise, in the United States and many other jurisdictions around the world, and also asserts common law rights in the VANGUARD mark. Respondent registered the disputed domain name <vanguardia-limited.com> in July 2022. Respondent is using the domain name for a website promoting a "financial business platform" and offering cryptocurrency investment plans. Complainant calls the platform "a hastily conceived scam," citing the "ludicrously high" returns it promises, and notes that the website contains numerous typographical errors and stock imagery, and refers to Respondent using several different names. Complainant states that Respondent is not commonly known by the domain name and is not authorized, licensed, or otherwise permitted to use Complainant's mark. Complainant contends on the above grounds that the disputed domain name <vanguardia-limited.com> is confusingly similar to its VANGUARD mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith. 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 Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations"). Identical and/or Confusingly Similar The disputed domain name <vanguardia-limited.com> incorporates Complainant's registered VANGUARD trademark (in the form of its Spanish-language equivalent, "vanguardia"), adding a hyphen, the generic term "limited," and the ".com" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Vanguard Group, Inc. v. James N Torson, FA 1969467 (Forum Nov. 18, 2021) (finding <vanguard-company.com> confusingly similar to VANGUARD); John Swire & Sons Ltd. v. Domain Admin, Privacy Protect, LLC (PrivacyProtect.org) / zenoforex1759 mark, TECHNOCREATI VITY & Zenoforex Macaulay, TECHNOCREATI VITY, D2022-2380 (WIPO Sept. 1, 2022) (finding <swiresglobal-limited.com> confusingly similar to SWIRE); Grupo Santo Domingo a/k/a Santo Domingo Group & Alejandro Santo Domingo-Davila v. Ricco Black, FA 1568250 (Forum Aug. 7, 2014) (finding <santodomingogroup.com> confusingly similar to GRUPO SANTO DOMINGO); Universal Protein Supplements Corporation d/b/a Universal Nutrition v. Daniel Cabreira, FA 1299478 (Forum Feb. 10, 2010) (finding <nutricaouniversal.com> confusingly similar to UNIVERSAL NUTRITION). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights. Rights or Legitimate Interests Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006). The disputed domain name incorporates Complainant's registered mark without authorization, and it is being used for a misleading and likely fraudulent website that promotes competing services. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Opportunity Financial, LLC v. Hubson / Hubson Berling, FA 2001738 (Forum July 27, 2022) (finding lack of rights or interests in similar circumstances); Vanguard Group, Inc v. Fumiaki Shimizu, FA 1976951 (Forum Jan. 19, 2022) (same); Vanguard Group, Inc. v. James N Torson, supra (same); Vanguard Group, Inc. v. Kang Zao Kang Zao, FA 1962396 (Forum Oct. 7, 2021) (same). Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name. Registration and Use in Bad Faith Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location." Respondent registered a domain name incorporating Complainant's well-known mark and is using it for a misleading and likely fraudulent website that promotes competing services. Such conduct is indicative of bad faith registration and use under the Policy. See, e.g., Opportunity Financial, LLC v. Hubson / Hubson Berling, supra (finding bad faith registration and use in similar circumstances); Vanguard Group, Inc v. Fumiaki Shimizu, supra (same); Vanguard Group, Inc. v. James N Torson, supra (same); Vanguard Group, Inc. v. Kang Zao Kang Zao, supra (same). The Panel so finds. DECISION Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <vanguardia-limited.com> domain name be TRANSFERRED from Respondent to Complainant. David E. Sorkin, Panelist Dated: September 29, 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.