First condition
Complainant submits evidence it owns U.S. Reg. No. 3,166,297, for the mark ProAir.
The trademark is incorporated entirely in the domain name with the addition of “discountcard”.
The addition of merely generic wording to a trademark or of a hyphen in a domain name is insufficient in itself to avoid a finding of confusing similarity under the first element of the UDRP. E.g., CAC Case No. 100847 (transferring, i.a., <actiqcoupons.com>); Green Mountain Coffee Roasters, Inc. v. WhoisGuard, Inc. / Demetre Ellison, WIPO Case No. D2013-1683 (Nov. 21, 2013) (transferring <keurigcouponcodes.net>); Swarovski Aktiengesellschaft v. swarovski-coupon.net swarovski-coupon.net swarovski-coupon.net, WIPO Case No. D2013-1529) (transferring <swarovski-coupon.net>).
Therefore, the Panel finds the disputed domain is confusingly similar to a trademark in which Complainant has rights.
Second condition
A complainant is only required to make out a prima facie case that the respondent lacks rights or legitimate interests. In the absence of any response to the proceedings, the Panel may deduce that Respondent concedes it has no rights or legitimate interests in the disputed domain names.
Respondent Health Matrix Direct, Inc. has a website at healthmatrixdirect.com, and according to the company overview at Bloomberg Business, offers its own prescription discount and assistance programs.
However, Respondent’s offerings are not sponsored by, affiliated with, endorsed by, or otherwise connected in any way with Complainant’s savings card for Proair, or its assistance program. Complainant claims that Respondent has never been authorized, contracted, licensed or otherwise permitted by Complainant to use the Complainant's ProAir® trademark, nor is Respondent an authorized vender, supplier, or distributor of Complainant’s ProAir®, and there is no relationship between itself and the Respondent.
Therefore, the Panel finds that Respondent has no rights or legitimate interests in respect of the disputed domain name.
Third condition
The domain name is hosted on NS1.Bluehost.com and NS2.Bluehost.com. As part of the Bluehost User Agreement, Bluehost provides Parked Page Services on domains hosted with Bluehost. This services is provided through Google’s DomainPark program hosted by DoubleClick. Under the Bluehost.com user agreement, a user can opt out of the Parked Page Services at any time by simply replacing the default web page on the parked domain or pointing the DNS away from Bluehost.
Respondent failed to opt out of the Parked Page Service. As a result, ads for highly related products, including competitive products to Proair as well as unrelated commercial ads appear on the site aside the trademark PROAIRDISCOUNTCARD.COM, which incorporates the registered mark in its entirety and is substantially indistinguishable considering the other terms is a generic phrase related to Complainant's business.
This type of website, which is merely an advertising portal and parking page that offers click-through opportunities to websites operated by Complainant’s competitors generally does not generally constitute a bona fide offering of goods or services under the Policy and it may, together with other elements, also demonstrate bad faith registration and use.
In this case, the website under proairdiscountcard - merely an advertising portal and parking page - undoubtedly take advantage of the Complainant’s trademark. The disputed domain name has attracted viewers for commercial gain, by confusions within the meaning of paragraph 4(b)(iv) of the Policy because it generates revenue from click-through referrals.
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