Westmore · UDRP DecisionLoraxofsex.com
The Panel ordered transfer of <loraxofsex.com>, finding it confusingly similar to Complainant's registered LORAX mark, that Respondent lacked rights or legitimate interests, and that Respondent registered and used the domain in bad faith through its association with an unauthorized copy of a sexually explicit commercial website using the mark.
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The Panel found bad-faith registration and use because Respondent registered a domain incorporating Complainant's registered mark and the domain's only apparent prior use was for an unauthorized copy of a sexually explicit commercial website using that mark without permission.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Dr. Seuss Enterprises, L.P. v. Serhii Claim Number: FA2602002203452 PARTIES Complainant is Dr. Seuss Enterprises, L.P. ("Complainant"), United States, represented by Alberto Zacapa of DLA Piper LLP (US), United States. Respondent is Serhii ("Respondent"), Ukraine. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <loraxofsex.com>, registered with Sav.com, LLC - 44. 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 February 3, 2026; Forum received payment on February 3, 2026. On February 9, 2026, Sav.com, LLC - 44 confirmed by email to Forum that the <loraxofsex.com> domain name is registered with Sav.com, LLC - 44 and that Respondent is the current registrant of the name. Sav.com, LLC - 44 has verified that Respondent is bound by the Sav.com, LLC - 44 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 February 12, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 4, 2026 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@loraxofsex.com. Also on February 12, 2026, 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 March 5, 2026, 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 a children's entertainment company that owns various rights associated with the works of Theodore Seuss Geisel, including Dr. Seuss books, films, and other properties. Among the brands owned by Complainant is LORAX, which dates back to the publication of Dr. Seuss's book The Lorax in 1971. Complainant uses LORAX in connection with books, children's toys, apparel, and other products and services. Complainant owns longstanding trademark registrations for LORAX in standard character form and related marks in the United States and many other jurisdictions. These include a Ukraine registration for THE LORAX, registered in October 2025 based upon an application filed in February 2025. The disputed domain name <loraxofsex.com> was registered in May 2025. The name is registered to Respondent, although Respondent's identity is redacted from the public domain name registration record. At the time the Complaint was filed, the domain name was being used for a website entitled "Lorax of Sex" with sexually explicit content, including sex toy advertisements and reviews, links to other explicit websites, and the like. (The website currently appears to consist of a placeholder page stating merely that "content is to be added.") Complainant contacted a prior registrant of the domain name, who apparently had operated a similar "Lorax of Sex" website until 2024. This individual claimed that Respondent had subsequently registered or acquired the domain name and then posted a scraped copy of the prior website without permission. Complainant states that Respondent is not commonly known by the domain name, has no relationship with Complainant, and is not authorized to use Complainant's mark. Complainant contends on the above grounds that the disputed domain name <loraxofsex.com> is confusingly similar to its LORAX 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 and 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 Select UDRP Questions, § 4.3 (version 3.1, 2026), available at https://www.wipo.int/amc/en/domains/search/overview; UDRP Perspectives on Recent Jurisprudence, §§ 0.2, 0.8 (updated June 2, 2025), available at https://udrpperspectives.org/; 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 <loraxofsex.com> incorporates Complainant's registered LORAX trademark, adding the generic phrase "of sex" (without the space) and the ".com" top-level domain. These additions do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Andrey Ternovskiy dba Chatroulette v. Domain Privacy, Above.com Domain Privacy, D2018-0307 (WIPO Apr. 3, 2018) (finding <chatrouletteofsex.com> confusingly similar to CHATROULETTE). 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. Its only apparent use has been for an unauthorized copy of a sexually explicit commercial website that used Complainant's mark without permission. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Midea Group Co., Ltd. v. bing yang, FA 2177157 (Forum Oct. 15, 2025) (finding lack of rights or interests arising from use of domain name for unrelated sexually explicit commercial website); Montway, Inc. d/b/a Montway Auto Transport v. Jordan Cretella, FA 1462303 (Forum Oct. 25, 2012) (finding lack of rights or interests arising from use of domain name for a direct copy of a website owned by a third party). 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 registered mark. Respondent does not appear to be making any active use of the domain name and has not elected to participate in this proceeding. The only apparent prior use of the domain name has been for an unauthorized copy of a sexually explicit commercial website that used Complainant's mark without permission. Such circumstances are indicative of bad faith registration and use under the Policy. See, e.g., Midea Group Co., Ltd. v. bing yang, supra (finding bad faith registration and use in similar circumstances); Montway, Inc. d/b/a Montway Auto Transport v. Jordan Cretella, 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 <loraxofsex.com> domain name be TRANSFERRED from Respondent to Complainant. David E. Sorkin, Panelist Dated: March 5, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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