Decisión del Panel Administrativo nº D2018-1072 of WIPO Arbitration and Mediation Center, July 11, 2018 (case American Family Mutual Insurance Company v. Joe Caulfield)
| Resolution Date | July 11, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is American Family Mutual Insurance Company of Madison, Wisconsin, United States of America ("USA" or "US"), represented by Steven M. Levy, USA.
The Respondent is Joe Caulfield of St. Peters, Missouri, USA, represented by Brian R. Gibbons, USA.
The disputed domain names [americanfamilyclaims.com], [americanfamilyclaims.exposed], [amfamclaims.com], [amfamclaims.exposed], [amfaminsurance.exposed], [amfampropertyclaims.com], and [amfampropertyclaims.exposed] (the "Domain Names") are registered with Marcaria.com International, Inc. (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on May 14, 2018. On May 15, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Names. On May 15, 2018, 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 May 22, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 11, 2018. The Response was filed with the Center on June 16, 2018.
The Center appointed W. Scott Blackmer as the sole panelist in this matter on June 25, 2018. 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 filed a supplemental filing to the Response on June 20, 2018.
The Complainant is an insurance and financial services company headquartered in Madison, Wisconsin, USA. It is a Fortune 500 company with 2017 revenues exceeding USD 9.3 billion, some 16,000 employees, and an extensive network of independent agents. According to the Complainant's website at "www.amfam.com", the Complainant operates in 19 of the US states, including Missouri where the Respondent is located. The record includes examples of the Complainant's advertising in broadcast and print media as well as online, and of its brand recognition in media stories and awards for the charitable and educational activities of the associated American Family Dreams Foundation.
The Complainant holds a number of US-registered trademarks, including the following:
| MARK | REGISTRATION NUMBER | REGISTRATION DATE |
| AMERICAN FAMILY (Standard characters) | 0773381 | July 14, 1964 |
| AMERICAN FAMILY INSURANCE (Words and Design) | 0773380 | July 14, 1964 |
| AMFAM (Standard characters) | 3833115 | August 10, 2010 |
| MY AMFAM (Standard characters) | 3833116 | August 10, 2010 |
The Respondent is a licensed public insurance claims adjuster in Missouri, USA. As such, the Respondent is engaged as an advocate for persons making claims against insurance companies. The Respondent has served as an expert witness and mediator in disputes involving property insurance claims. He has served as the president of the Missouri Public Insurance Adjuster Association and as the president of the Consumers' Insurance Information Bureau, and he has received a commendation from the Attorney General of the state of Missouri. The Respondent has appeared on television and radio programs and campaigned for election to the US Congress "based on a platform dealing with the excesses of the insurance industry."
According to the Response and the Respondent's affidavit, the Respondent's residence, which was insured by the Complainant, was damaged in a hailstorm in 2011. The Respondent's insurance claims are the subject of an ongoing dispute with the Complainant. The Respondent delivered a summary of his concerns and injuries to the Complainant in May 2014 and then registered the seven Domain Names on June 8, 2014 for use in connection with a potential criticism website that has never been published. The Respondent filed a lawsuit against the Complainant in 2015, which is evidently still pending.
The Domain Names each resolve to a default landing page published by the Registrar, indicating only that "This domain has been registered through Marcaria.com" and displaying links that advertise the Registrar's own services relating to domain registration, trademark registration, and new generic Top-Level Domains ("gTLDs").
The Complainant asserts that the Domain Names are identical or confusingly similar to its registered trademarks, and that the Respondent has no rights or legitimate interests to use the Domain Names without permission. The Complainant argues that there is no evidence for a...
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