The Complainant is Virgin Enterprises Limited, United Kingdom, represented by A. A. Thornton & Co., United Kingdom.
The Respondent is Withheld for Privacy Purposes, Privacy service provided by Withheld for Privacy ehf, Iceland / Daniel Kim, United States of America.
The disputed domain name <virginpulse.careers> is registered with NameCheap, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 7, 2021. On May 7, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 7, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on May 10, 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 May 13, 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 May 14, 2021. In accordance with the Rules, paragraph 5, the due date for Response was June 3, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 7, 2021.
The Center appointed Andrea Mondini as the sole panelist in this matter on June 28, 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.
The Complainant is a member of the “Virgin Group” of companies. Originally established by Sir Richard Branson in the United Kingdom in 1970 to sell music records, the Virgin Group today operates over 60 VIRGIN brand business lines, has over 53 million customers, employs more than 69,000 people and has annual revenues around GBP 16.6 billion.
The Complainant is the owner of approximately 3,500 trademark registrations worldwide containing the word VIRGIN, including European Union Trade Mark registration No. 018132528 for the mark VIRGIN PULSE, registered on May 22, 2020 in classes 9, 35, 41, 42 and 44, and maintains a website under the domain name <virginpulse.com>.
The disputed domain name was registered on April 15, 2021. The disputed domain names is currently inactive, but was used to send phishing emails in the name of the Complainant
The Complainant contends in essence:
- that the Complainant founded the VIRGIN PULSE business line in 2004 to design technology to allow companies to assist their employees in cultivating good lifestyle habits;
- that the disputed domain name is confusingly similar to its trademark VIRGIN PULSE because it incorporates this trademark in its entirety, whereas the generic Top-Level Domain (“gTLD”) “career” merely refers to career services and confuses the public into believing that the disputed domain name is intended to resolve to a website offering career opportunities with the VIRGIN PULSE business;
- that the Complainant discovered that the disputed domain name has been misused to send phishing emails in the name of the Complainant;
- that the Respondent has no rights or legitimate interests in respect of the disputed domain name, because (i) there is no affiliation or other relationship whatsoever between the Parties, and (ii) the Respondent is using the disputed domain name to send phishing emails purporting to offer jobs with the Complainant; and,
- that the Respondent registered and is using the disputed domain name in bad faith to make Internet users believe that they are dealing with the Complainant and thereby inducing them to submit personal data that may be used for fraudulent purposes.
The Respondent has not submitted a response.
According to paragraph 4(a) of the Policy, in order to succeed, a complainant must establish each of the following elements:
(i) The disputed domain name is identical or confusingly similar to the trademark or service mark in which the Complainant has rights; and
(ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) The disputed domain name has been registered and is being used in bad faith.
The Complainant has shown that it holds the European Union Trade Mark registration No. 018132528 for the mark VIRGIN PULSE in classes 9, 35, 41, 42 and 44.
The Panel finds that the disputed domain name is identical to the Complainant’s trademark VIRGIN PULSE, because it incorporates this trademark in its entirety, whereas the gTLD “career” does not prevent a finding of confusing similarity.
Accordingly, the Panel finds that the Complainant has satisfied the requirement under paragraph 4(a)(i) of the Policy.
The Complainant contends, credibly, that it has not authorized the Respondent to use the disputed domain name, and that there is no relationship whatsoever between the Parties. Moreover, the Complainant has provided credible evidence that the Respondent is misusing the disputed domain name to send phishing emails. The Complainant has put forward a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name, which has not been rebutted by the Respondent. Furthermore, the nature of the disputed domain name, being identical to the Complainant’s trademark, carries a high risk of implied affiliation (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”, section 2.5.1).
Accordingly, the Panel finds that the Respondent does not have rights or legitimate interests in the disputed domain name.
Therefore, the Panel finds that the Complainant has satisfied the requirement under paragraph 4(a)(ii) of the Policy.
The Complainant has credibly shown that the Respondent registered the disputed domain name with knowledge of the Complainant’s pre-existing trademark rights and is using the disputed domain name in bad faith to make Internet users believe that they are dealing with the Complainant’s career services and thereby fraudulently inducing them to submit sensitive personal data.
Under these circumstances, the Panel finds that the Respondent registered and is using the disputed domain name in bad faith.
The Panel therefore finds that the Complainant has satisfied the requirement under paragraph 4(a)(iii) of the Policy.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <virginpulse.careers> be transferred to the Complainant.
Andrea Mondini
Sole Panelist
Date: July 12, 2021