The Complainant is Hitch Advisory, Australia, represented internally.
The Respondent is Mbaku Gorilla, United States of America.
2. The Domain Name and RegistrarThe disputed domain name
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 1, 2021. On September 3, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On September 3, 2021, 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 for the Domain Name.
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 17, 2021. In accordance with the Rules, paragraph 5, the due date for Response was October 7, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 10, 2021.
The Center appointed Mathias Lilleengen as the sole panelist in this matter on October 14, 2021. 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 BackgroundThe Complainant is based in Australia and offers business and legal services.
The Complainant has rights in the Australian Trademark Reg. No. 1774962, HITCH ADVISORY, registered on June 3, 2016. The Complainant has its website, and uses an email address connected to the domain name
The Domain Name in was registered on February 11, 2021.
At the time of drafting the Decision, the Domain Name resolved to a registrar parking webpage with commercial links. According to the Complainant’s evidence, the Domain Name has been used in connection with a fraudulent email scheme.
5. Parties’ Contentions A. ComplainantThe Complainant provides evidence of trademark registration. The Complainant argues that the Domain Name is confusingly similar to the Complainant’s trademark.
The Complainant asserts that the Respondent is not authorized to use the Complainant’s trademark. The Respondent cannot establish rights in the Domain Name, as it has not made any use of, or demonstrable preparations to use, the Domain Name in connection with a bona fide offering of goods or services. On the contrary, the Complainant has submitted documents showing that the Respondent has used the Domain Name to set up email accounts in an attempt to defraud some of the Complainant’s clients into divulging personal information.
The Complainant argues that the Respondent has registered and used the Domain Name to attract, for fraudulent commercial gain Internet users to the Respondent’s online location by creating a likelihood of confusion with the Complainant’s trademark as to the affiliation with and endorsement of the Respondent’s online location.
B. RespondentThe Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings A. Identical or Confusingly SimilarThe Complainant has established that it has rights in the trademark HITCH ADVISORY. The test for confusing similarity involves a comparison between the trademark and the Domain Name. In this case, the Domain Name incorporates the Complainant’s trademark with the addition of a hyphen. The addition does not prevent a finding of confusing similarity. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.8. For the purpose of assessing under paragraph 4(a)(i) of the Policy, the Panel may ignore the generic Top-Level Domain (“gTLD”) “.com”; see WIPO Overview 3.0, section 1.11.
The Panel finds that the Domain Name is confusingly similar to a trademark in which the Complainant has rights in accordance with paragraph 4(a)(i) of the Policy.
B. Rights or Legitimate InterestsThe Complainant has not granted any authorization to the Respondent to register the Domain Name containing the Complainant’s trademark or otherwise make use of its trademark. There is no evidence that the Respondent has registered the Domain Name as a trademark or acquired unregistered trademark rights. The Respondent cannot establish rights in the Domain Name, as it has not made use of, or demonstrable preparations to use, the Domain Name in connection with a bona fide offering. Based on the evidence in the Complaint, the Domain Name seems to be employed in a fraudulent email scheme. The Respondent’s use of the Domain Name is not bona fide, but rather evidence of bad faith.
Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name in accordance with paragraph 4(a)(ii) of the Policy.
C. Registered and Used in Bad FaithBased on the malicious use of the Domain Name, the Respondent must have been aware of the Complainant when the Respondent registered the Domain Name. The Panel finds that the Respondent has used the Domain Name to attract, for commercial gain, Internet users to online locations, namely email addresses associated with the Domain Name, by creating a likelihood of confusion with the Complainant’s mark as to source, sponsorship, affiliation, or endorsement. Furthermore, use of the Domain Name to send fraudulent emails is clear evidence of bad faith. See WIPO Overview 3.0, section 3.4.
For the reasons set out above, the Panel concludes that the Domain Name was registered and is being used in bad faith, within the meaning of paragraph 4(a)(iii) of the Policy.
7. DecisionFor the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name
Mathias Lilleengen
Sole Panelist
Date: October 26, 2021