The Commissioners for HM Revenue and Customs v Anas Frejat

WIPO Case No. D2024-1115

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

The Commissioners for HM Revenue and Customs v. Anas Frejat

Case No. D2024-1115

1. The Parties

The Complainant is The Commissioners for HM Revenue and Customs, United Kingdom (“UK), represented

by Demys Limited (a Com Laude Group company), UK.

The Respondent is Anas Frejat, Austria.

2. The Domain Name and Registrar

The disputed domain name <hmrc-financial.team> is registered with NameSilo, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 14, 2024.

On March 14, 2024, the Center transmitted by email to the Registrar a request for registrar verification in
connection with the disputed domain name. On March 14, 2024, 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 (Redacted For Privacy, PrivacyGuardian.org llc) and contact
information in the Complaint. The Center sent an email communication to the Complainant on March 19,
2024, 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

March 19, 2024.

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 March 25, 2024. In accordance with the Rules,

paragraph 5, the due date for Response was April 14, 2024. The Respondent did not submit any response.

Accordingly, the Center notified the Respondent’s default on April 15, 2024.

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The Center appointed Tobias Zuberbühler as the sole panelist in this matter on April 19, 2024. 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 formally known as “His Majesty’s Revenue and Customs” which is often shortened to

“HM Revenue and Customs” or the initials “HMRC”. The Complainant is a non-ministerial department of the

UK Government responsible for the collection of taxes and can be accessed through the domain name

<hmrc.gov.uk>.

The Complainant is the proprietor of several UK trademarks including Registration No. 2471470 for “HMRC”

(registered on March 28, 2008) and Registration No. 3251234 for “HM Revenue & Customs” (registered on

December 29, 2017).

The disputed domain name has been registered on February 23, 2024, and, at the time of filing of the links related to the Complainant and its activities.

5. Parties’ Contentions

A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

B. Respondent

The Respondent has not submitted any reply to the Complainant’s contentions.

6. Discussion and Findings

A. Identical or Confusingly Similar

It is well accepted that 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 disputed domain name. WIPO Overview 3.0, section 1.7.

The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy.
WIPO Overview 3.0, section 1.2.1.

The entirety of the mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.7.

Although the addition of other terms (here “-financial”) may bear on assessment of the second and third

elements, the Panel finds the addition of such terms does not prevent a finding of confusing similarity

between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0,

section 1.8. Moreover, the generic Top-Level Domain (“gTLD”) “.team”, is viewed as a standard registration

requirement in this case and is disregarded for purposes of the confusing similarity analysis under the first
element. WIPO Overview 3.0, section 1.11.1.

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The Panel finds that the first element of the Policy has been established.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name.

Although 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 difficult 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 (although the burden of
proof always remains on the complainant). 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.

Having reviewed the available record, the Panel finds that the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent

has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant

evidence demonstrating rights or legitimate interests in the disputed domain name such as those

enumerated in the Policy or otherwise. The Panel also notes that the composition of the disputed domain

name incorporating the Complainant’s mark in its entirety together with the term “financial” carries a risk of

implied affiliation. WIPO Overview 3.0, section 2.5.1.

The Panel finds that the second element of the Policy has been established.

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.

Under the circumstances of this case, including the composition of the disputed domain name and reputation

of the Complainant’s trademark, it can be inferred that the Respondent was aware of the Complainant’s

trademark when registering the disputed domain name.

The evidence and allegations submitted by the Complainant support a finding that the Respondent was engaged in an attempt to pass itself off as the Complainant by creating a likelihood of confusion with the

Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of its website and to

attract Internet users to its website for its own commercial gain. The Respondent therefore used the

disputed domain name in bad faith (see Claudie Pierlot v. Yinglong Ma, WIPO Case No. D2018-2466).

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 that the disputed domain name <hmrc-financial.team> be transferred to the Complainant.

/Tobias Zuberbühler/

Tobias Zuberbühler

Sole Panelist
Date: April 30, 2024