Decisión del Panel Administrativo nº D2017-0138 of WIPO Arbitration and Mediation Center, March 14, 2017 (case Florida National University, Inc. v. Registration Private, Domains By Proxy, LLC / Toby Schwarzkopf)

• Resolution Date: March 14, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Florida National University, Inc. v. Registration Private, Domains By Proxy, LLC / Toby Schwarzkopf

Case No. D2017-0138

1. The Parties

The Complainant is Florida National University, Inc. of Hialeah, Florida, United States of America (“United States”), represented by Peretz Chesal & Herrmann, P.L., United States.

The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States / Toby Schwarzkopf of Los Angeles, California, United States.

2. The Domain Name and Registrar

The disputed domain name [floridanationaluniversityloanforgiveness.com] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 24, 2017. On January 25, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 26, 2017, 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 January 30, 2017 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 January 31, 2017.

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 February 2, 2017. In accordance with the Rules, paragraph 5, the due date for Response was February 22, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 23, 2017.

The Center appointed William R. Towns as the sole panelist in this matter on March 3, 2017. 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 private university located in Florida and founded in 1982. The Complainant since as early as June 2012 has used FLORIDA NATIONAL UNIVERSITY as a designation of source for its educational services. The Complainant also owns a United States trademark registration for the word plus design mark FNU FLORIDA NATIONAL UNIVERSITY, shown below, which was filed on June 26, 2012, and registered by the United States Patent and Trademark Office (“USPTO”) on October 18, 2016.

The disputed domain name [floridanationaluniversityloanforgiveness.com] was registered by the Respondent on May 16, 2016, according to the Registrar’s WhoIs records. The disputed domain name resolves to a website which purports to provide assistance to students at Florida National University in qualifying for partial or full loan forgiveness, and encourages students to “see if you qualify” by electronically submitting online personal information. The landing page on the Respondent’s website prominently displays against the backdrop of what appears to be a building on the Florida National University campus the following:

FLORIDA NATIONAL UNIVERSITY LOAN

FORGIVENESS

The Complainant maintains that the Respondent’s website is a scam. The Complainant through its legal counsel issued a cease-and-desist letter to the Respondent on October 11, 2016, to which the Complainant received no reply. There is no disclaimer of affiliation with Florida National University on the Respondent’s website.

5. Parties’ Contentions

A. Complainant

The Complainant submits that the disputed domain name [floridanationaluniversityloanforgiveness.com] is “nearly identical” to its FLORIDA NATIONAL UNIVERSITY mark, in which the Complainant asserts common law rights, and confusingly similar to the Complainant’s...