The Complainant is AstraZeneca PLC, United Kingdom, represented by CSC Digital Brand Services Group AB, Sweden.
The Respondent is Withheld for Privacy Purposes, Privacy Service Provided by Withheld for Privacy ehf, Iceland / johnson mark, United States of America (“United States”).
2. The Domain Name and RegistrarThe disputed domain name
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 18, 2021. On November 18, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 18, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on November 23, 2021, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on November 24, 2021,
The Center verified that the Complaint together with the amended 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 November 26, 2021. In accordance with the Rules, paragraph 5, the due date for Response was December 16, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 28, 2021.
The Center appointed Nicholas Smith as the sole panelist in this matter on January 10, 2022. 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 a leading pharmaceutical company that has since 1999 traded under the coined mark AstraZeneca (the “ASTRAZENECA Mark”). The Complainant employs 76,100 people in over 100 countries and in the 2020 fiscal year achieved sales of USD25.89 billion. The Complainant is responsible for the creation and production of one of the leading vaccines for the Covid-19 coronavirus.
The Complainant is the owner of trade mark registrations in various jurisdictions for the ASTRAZENECA Mark including United States registration No. 2,663,581 registered on December 17, 2002 for goods in class 5.
The Domain Name was registered on January 19, 2021. The Domain Name is presently inactive however prior to the commencement of the proceeding resolved to a site purporting to offer cryptocurrency trading services.
5. Parties’ Contentions A. ComplainantThe Complainant makes the following contentions:
(i) that the Domain Name is confusingly similar to the Complainant’s ASTRAZENECA Mark;
(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.
The Complainant is the owner of the ASTRAZENECA Mark, being the owner of trade marks registered in various jurisdictions for the ASTRAZENECA Mark. The Domain Name consists of a minor misspelling of the ASTRAZENECA Mark, replacing the letter “s” with an “x”.
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 ASTRAZENECA Mark and the Respondent is not commonly known by the Domain Name. The Respondent does not use the Domain Name for a bona fide offering of goods and services or legitimate noncommercial purpose. Neither the present inactive use of the Domain Name, nor the use for a cryptocurrency trading site provide the Respondent with rights or legitimate interests in the Domain Name.
The Respondent has registered and uses the Domain Name in bad faith. Given the fame of the ASTRAZENECA Mark and the nature of the Domain Name, being almost identical to the ASTRAZENECA Mark, there are no plausible circumstances under which the Respondent could legitimately use the Domain Name other than in bad faith. In such circumstances, the Respondent’s current inactive use of the Domain Name and prior use of the Domain Name for cryptocurrency amounts to use of the Domain Name in bad faith.
B. RespondentThe Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings A. Identical or Confusingly SimilarTo 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 ASTRAZENECA Mark, having registrations for the ASTRAZENECA 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 ASTRAZENECA Mark since it wholly incorporates the ASTRAZENECA Mark, other than replacing the “s” with an “x” to create a minor misspelling that would be easy for an Internet user to overlook. Consequently, the requirement of paragraph 4(a)(i) of the Policy is satisfied.
B. Rights or Legitimate InterestsTo 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 ASTRAZENECA Mark or a mark similar to the ASTRAZENECA 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. Neither the present inactive use of the Domain Name, or the prior use of the Domain Name for what appears to be a website suggesting that the Complainant is offering cryptocurrency trading services, amounts to a bona fide offering of goods or services or for a legitimate noncommercial use.
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 FaithFor 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 ASTRAZENECA Mark at the time the Respondent registered the Domain Name. The ASTRAZENECA Mark is a coined word that has been used for 21 years, has been the subject of extensive advertising and has a considerable global reputation. There is no obvious reason, nor has the Respondent offered an explanation, for the Respondent to register a domain name that consists of a minor misspelling of the ASTRAZENECA Mark unless there was an intention to create a likelihood of confusion between the Domain Name and the Complainant and the ASTRAZENECA Mark.
The Panel is prepared to infer based on the conduct of the Respondent, including the present inactive use of the Domain Name, the prior use for a website suggesting that the Complainant was offering cryptocurrency services, the nature of the Domain Name itself, being a minor misspelling of a coined, distinctive and very well-known mark and the failure by the Respondent to participate in this proceeding or otherwise provide any explanation of its conduct, that the Domain Name has been used and is most likely being held pending further use in a bad faith manner that would take advantage of confusion between the Domain Name and the ASTRAZENECA Mark. 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. 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,
Nicholas Smith
Sole Panelist
Date: January 14, 2022