Case Details for WIPO Case D2020-1033

WIPO Case Summary

WIPO Case Number	D2020-1033
Domain name(s)	d0w.com
Complainant	The Dow Chemical Company
Respondent	Rubena Lowe, I sell domains! Please contact me directly!
Panelist	Badgley, Robert A.
Decision Date	27-05-2020
Decision	Transfer

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Dow Chemical Company v. Rubena Lowe, I sell domains! Please contact me directly!

Case No. D2020-1033

1. The Parties

Complainant is The Dow Chemical Company, United States of America (“United States”), represented by The GigaLaw, Douglas M. Isenberg, Attorney at Law, LLC, United States.

Respondent is Rubena Lowe, I sell domains! Please contact me directly!, United States.

2. The Domain Name and Registrar

The disputed domain name <d0w.com> (the “Domain Name”) is registered with Dynadot, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 27, 2020. On April 29, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On April 29, 2020, the Registrar transmitted by email to the Center its verification response confirming that 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 Respondent of the Complaint, and the proceedings commenced on April 30, 2020. In accordance with the Rules, paragraph 5, the due date for Response was May 20, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on May 25, 2020.

The Center appointed Robert A. Badgley as the sole panelist in this matter on May 27, 2020. 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

Complainant, founded in 1897, is a leading manufacturer of myriad chemical and related products for various industrial and consumer uses. Complainant holds thousands of registered trademarks in most jurisdictions throughout the world for the trademark DOW, including United States Patent & Trademark Reg. No. 140,588, registered March 22, 1921. The DOW mark has been recognized as well known or even famous in several prior decisions under the UDRP.

Complainant has owned the domain name <dow.com> since 1992, and has used that domain name for its main commercial website and for email purposes.

The Domain Name was registered on June 15, 2002. According to Complainant, the Domain Name resolves to a “monetized parking page” which includes various hyperlinks, such as “Dow Chemicals”, “Plastic Products”, “Chemical Manufacturers”, and so forth. In addition, Complainant has alleged and provided evidence that Respondent has been using the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: The Dow Chemical Company v Rubena Lowe, I sell domains! Please contact me directly! WIPO Case No. D2020-1033
Case: WIPO Case No. D2020-1033
Decision Date: 27-05-2020

CaseChat Overview and Summary

The case of The Dow Chemical Company v. Rubena Lowe, I sell domains! Please contact me directly! involves a dispute over the domain name <d0w.com>. The complainant, The Dow Chemical Company, a major manufacturer of chemical products, filed a complaint against the respondent, Rubena Lowe, who operates under the alias "I sell domains! Please contact me directly!" The case was adjudicated by the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center under the Uniform Domain Name Dispute Resolution Policy (UDRP). The primary issue before the court was whether the respondent had rights or legitimate interests in the domain name <d0w.com>, and whether the domain name had been registered and used in bad faith.

The panel found that the complainant had established rights in its trademark DOW, which is well-known and has been registered for many years. The panel also concluded that the domain name <d0w.com> was confusingly similar to the complainant's trademark, due to the substitution of the letter "o" with the number "0". The panel determined that the respondent had no rights or legitimate interests in the domain name, as the respondent did not provide any explanation for the registration or use of the domain name, and the use of the domain name for a fraudulent phishing scam could not confer any legitimate interests. The panel further found that the domain name had been registered and used in bad faith, as the respondent had clearly had the complainant and its trademark in mind when registering the domain name, and the use of the domain name for a fraudulent phishing scam was evidence of bad faith.

Based on these findings, the panel ordered the transfer of the domain name <d0w.com> to the complainant, The Dow Chemical Company. The decision was made in accordance with the UDRP and the WIPO Arbitration and Mediation Center's rules. The panel's decision was final and binding, and the domain name was transferred to the complainant.

Orders