Thankyoufarmer Co., Ltd v Alex Harrison

Case

WIPO Case No. D2025-2870

01-09-2025

No judgment structure available for this case.

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Thankyoufarmer Co., Ltd v. Alex Harrison

Case No. D2025-2870

1. The Parties

The Complainant is Thankyoufarmer Co., Ltd, Republic of Korea, represented by LUCEM, PC, United States of America (“United States”).

The Respondent is Alex Harrison, Ireland.

2. The Domain Name and Registrar

The disputed domain name <thnkyoufarmer.com> (the “Domain Name”) is registered with Spaceship, Inc.

(the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 18, 2025. On July 21, 2025, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 21, 2025 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 (Redacted for Privacy Purposes, Privacy service provided by Withheld for Privacy ehf) and contact information in the Complaint. The Center sent an email communication to the Complainant on July 22, 2025, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant did not file an amendment to the Complaint or an amended Complaint.

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 July 31, 2025. In accordance with the Rules, paragraph 5,
the due date for Response was August 20, 2025. The Respondent did not submit any response.
Accordingly, the Center notified the Respondent’s default on August 22, 2025.

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The Center appointed Mathias Lilleengen as the sole panelist in this matter on August 28, 2025. The Panel
finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and

Declaration of Impartiality and Independence, as required to ensure compliance with the Rules, paragraph 7.

4. Factual Background

The Complainant is a skincare cosmetics company based in the Republic of Korea, known globally for its
“Thank You Farmer” brand. Among various channels, the Complainant offers its products for sale through

Amazon.

The Complainant owns trademark registrations for THANK YOU FARMER or THANKYOU FARMER in
different jurisdictions, including United States Trademark Registration No. 5302486, issued on October 3,
2017.

The Domain Name was registered on August 9, 2024. The Complainant documents that the Domain Name has resolved to a webpage that lists the Complainant’s products using the Complainant’s product photographs and names without authorization. The webpage also contained an indication that it was part of the Amazon affiliate advertising program designed to allow to earn advertising fees by advertising and linking to the Amazon platform. At the time of drafting the Decision, the Domain Name resolved to an error page.

5. Parties’ Contentions

A. Complainant

The Complainant provides evidence of a trademark registration and argues that the Domain Name is confusingly similar to the Complainant’s trademark. The Domain Name incorporates almost the whole of the Complainant’s trademark only omitting the letter “a”. The Complainant submits that the Domain Name is effectively identical or confusingly similar to the Complainant’s trademark.

The Complainant argues that the Respondent has no rights or legitimate interests in respect of the Domain infringement.

Name. The Complainant has not authorized the Respondent to use and register its trademark. The

The Complainant argues that the Respondent is attempting to drive Internet traffic to the Complainant’s Amazon storefront for the purpose of earning commissions through Amazon’s affiliate program, thereby unjustly profiting from the Complainant’s reputation and intellectual property.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

6. Discussion and Findings

A. Identical or Confusingly Similar

The first element functions primarily as a standing requirement. The standing (or threshold) test for
confusing similarity involves a reasoned but relatively straightforward comparison between the
Complainant’s trademark and the Domain Name. WIPO Overview of WIPO Panel Views on Selected UDRP
Questions, Third Edition (“WIPO Overview 3.0”), section 1.7.

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WIPO Overview 3.0, section 1.11.1.

The Complainant has established its trademark rights in THANKYOU FARMER. In this case, the Domain finding of confusing similarity between the Domain Name and the trademark. For the purpose of assessing under paragraph 4(a)(i) of the Policy, the Panel may ignore the generic Top-Level Domain; see

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 Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which a respondent may demonstrate rights
or legitimate interests in a disputed domain name. While the overall burden of proof in UDRP proceedings is
on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a
domain name may result in the often impossible task of “proving a negative”, requiring information that is
often primarily within the knowledge or control of the respondent. As such, where a complainant makes out
a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this
element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate
interests in the domain name. If the respondent fails to come forward with such relevant evidence, the
complainant is deemed to have satisfied the second element. WIPO Overview 3.0, section 2.1.

The Respondent is not affiliated with or related to the Complainant in any way. There is no evidence that the Respondent has registered the Domain Name as a trademark or acquired trademark rights. There is no evidence of the Respondent’s 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. On the contrary, the Respondent’s use is evidence of bad faith, see below.

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 Faith

The Panel notes that for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular but without limitation, that if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.

The Respondent knew of the Complainant when the Respondent registered the Domain Name. It follows from the use and composition of the Domain Name. The use of the Domain Name is clear evidence of bad faith. The Panel finds that the Respondent has registered the Domain Name, which is confusingly similar to the Complainant’s trademark, to drive Internet traffic to the Respondent’s webpage by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website. See paragraph 4(b)(iv) of the Policy.

Based on the record, the Panel finds that the Complainant has established the third element of the Policy.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders the Domain Name <thnkyoufarmer.com> to be cancelled.

/Mathias Lilleengen/
Mathias Lilleengen
Sole Panelist
Date: September 1, 2025

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