The Complainant is Accenture Global Services Limited, Ireland, represented by McDermott Will & Emery LLP, United States of America (“United States”).
The Respondent is ATC ATC, ATC, United States. 2. The Domain Name and Registrar
The disputed domain name The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 25, 2020. On August 25, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On August 26, 2020, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that 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 September 15, 2020. In accordance with the Rules, paragraph 5, the due date for Response was October 5, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 6, 2020. The Center appointed Nicholas Smith as the sole panelist in this matter on November 5, 2020. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background The Complainant is a leading professional services company that has since 2001 traded under the coined mark ACCENTURE (the “ACCENTURE Mark”) and provided a broad range of services and solutions in strategy, consulting, digital, technology and operations. The Complainant has offices and operations in more than 200 cities in 56 countries and operates numerous websites including its website at “www.accenture.com”. The Complainant has spent over USD 600 million in advertising over the last decade and has been recognized by third party media as one of the world’s 50 most well-known global brands. The Complainant is the owner of trade mark registrations in various jurisdictions for the ACCENTURE Mark including United States registration No. 3091811 registered on May 16, 2006 (applied for on October 6, 2000). The Domain Name was registered on July 31, 2020. The Domain Name resolves to a website (the “Respondent’s Website”) that offers sponsored listings (often referred to as pay-per-click advertisements) that include advertisements for consulting services, which are services offered by the Complainant under the ACCENTURE Mark. 5. Parties’ Contentions A. Complainant The Complainant makes the following contentions: (i) that the Domain Name is confusingly similar to the Complainant’s ACCENTURE Mark; The Complainant is the owner of the ACCENTURE Mark, being the owner of trade marks registered in various jurisdictions for the ACCENTURE Mark. The Domain Name consists of a minor misspelling of the ACCENTURE Mark, adding the extra letters “str” as a prefix to the ACCENTURE Mark. There are no rights or legitimate interests held by the Respondent in respect of the Domain Name. The Complainant has not granted any license or authorization for the Respondent to use the ACCENTURE Mark and the Respondent is not commonly known by the Domain Name . The Respondent does not use the Domain Name for a bona fide purpose or legitimate noncommercial purpose. Rather the Domain Name resolves to a page with links to advertisements for third party services which does not provide the Respondent with rights or legitimate interests. The Respondent has registered and uses the Domain Name in bad faith. Given the reputation of the ACCENTURE Mark, which is a coined and distinctive word, the registration of the Domain Name can only be taken as an attempt by the Respondent to gain an unfair benefit from the Complainant’s reputation. The Respondent is using the Domain Name for a pay-per-click site which amounts to bad faith use. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar To prove this element the Complainant must have trade or service mark rights and the Domain Name must be identical or confusingly similar to the Complainant’s trade or service mark. The Complainant is the owner of the ACCENTURE Mark, having registrations for the ACCENTURE Mark as a trade mark in the United States and other jurisdictions. Disregarding the “.com” generic Top-Level Domain (“gTLD”) as a necessary technical requirement of the Domain Name, the Domain Name is confusingly similar to the ACCENTURE Mark since it wholly incorporates the ACCENTURE Mark, other than adding the prefix “str” which does not prevent a finding of confusing similarity between the Domain Name and the ACCENTURE Mark. Consequently, the requirement of paragraph 4(a)(i) of the Policy is satisfied. B. Rights or Legitimate Interests To succeed on this element, a complainant may make out a prima facie case that the respondent lacks rights or legitimate interests in the disputed domain name. If such a prima facie case is made out, the respondent then has the burden of demonstrating rights or legitimate interests in the domain name. Paragraph 4(c) of the Policy enumerates several ways in which a respondent may demonstrate rights or legitimate interests in a disputed domain name: “Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use 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) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.” The Respondent is not affiliated with the Complainant in any way. It has not been authorized by the Complainant to register or use the Domain Name or to seek the registration of any domain name incorporating the ACCENTURE Mark or a mark similar to the ACCENTURE Mark. There is no evidence that the Respondent is commonly known by the Domain Name or any similar name. There is no evidence that the Respondent has used or made demonstrable preparations to use the Domain Name in connection with a bona fide offering of goods or services or for a legitimate noncommercial use. Rather the use of the Domain Name for what appears to be a parking page with pay-per-click links including links related to the Complainant’s consulting services does not amount to use for a bona fide offering of goods and services. The Panel finds that the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the Domain Name. The Respondent has chosen not to respond to the Complaint and thus has failed to provide any evidence of rights and legitimate interests in the Domain Name. The Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name under paragraph 4(a)(ii) of the Policy. C. Registered and Used in Bad Faith For the purposes of paragraph 4(a)(iii) of the Policy, the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of the Domain Name in bad faith: (i) circumstances indicating that the Respondent has registered or has acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name registrations to the Complainant who is the owner of the trade mark or service mark or to a competitor of the Complainant, for valuable consideration in excess of its documented out-of-pocket costs directly related to the Domain Name; or (ii) the Respondent has registered the Domain Name in order to prevent the owner of the trade mark or service mark from reflecting the mark in a corresponding domain name, provided that the Respondent has engaged in a pattern of such conduct; or (iii) the Respondent has registered the Domain Name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the Domain Name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other online location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the Respondent’s website or location. The Panel finds on the balance of probabilities that the Respondent was aware of the Complainant and its reputation in the ACCENTURE Mark at the time the Respondent registered the Domain Name. The ACCENTURE Mark is a coined word that has been used for 19 years, has been the subject of extensive advertising and has been identified, by independent third parties as one of the 50 leading brands in the world. There is no obvious reason, nor has the Respondent offered an explanation, for the Respondent to register a domain name that wholly incorporates the ACCENTURE Mark and redirect it to a website containing links advertising consulting services unless there was an awareness of and an intention to create a likelihood of confusion with the Complainant and its ACCENTURE Mark. In these circumstances, the Respondent’s conduct in registering the Domain Name when it was aware of the Complainant’s rights and lacked rights or legitimate interests of its own amounts to registration in bad faith. The Respondent’s Website offers what appear to be pay-per-click links including links referring to consulting services, which are services offered by the Complainant. In these circumstances where the Respondent has offered no plausible explanation for the registration of the Domain Name, the Panel finds that that the Respondent is using the Domain Name to intentionally attempt to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the ACCENTURE Mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s Website. As such the Panel finds that the Domain Name is being used in bad faith. Accordingly, the Panel finds that the Respondent has registered and is using the Domain Name in bad faith under paragraph 4(a)(iii) 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 Domain Name, Nicholas Smith
(ii) that the Respondent has no rights nor legitimate interests in respect of the Domain Name; and
(iii) that the Domain Name has been registered and is being used in bad faith.
Sole Panelist
Date: November 19, 2020
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