FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
Founded in 2009, Integral Ad Science, Inc. (“IAS” or “Complainant”) is a global technology and data company that operates within the advertising industry to help clients reach consumers everywhere, on every device. IAS’s website can be found at <integralads.com>.
IAS has continuously used the INTEGRAL and INTEGRAL AD SCIENCE marks in commerce since at least November 29, 2012. Since that time, IAS has registered both the INTEGRAL and INTEGRAL AD SCIENCE marks in various jurisdictions throughout the world, including United States registrations: INTEGRAL, registration no. 4453395, first used in commerce on November 29, 2012, in International Class 42 (Providing advertisers, publishers and ad agencies on-line non-downloadable software for use in the field of advertising for the purpose of rating media of others so that marketers and advertisers can determine the suitability of the media for online advertising and marketing purposes, and that enables them to control where online advertising appears, and enables publishers to certify the ratings of media), Worldwide registrations and applications include the below listed marks:
INTEGRAL, Canada, registration no. TMA927113
INTEGRAL, EUTM, application no. 011717303
INTEGRAL AD SCIENCE, EUTM, registration no. 013904801
The Whois record reveals that the Disputed Domain was created on January 25, 2017. Id. On January 26, 2017, the day after the Disputed Domain was created, IAS employee Bill Phelps received an email at his IAS email address (bphelps@integralads.com) purportedly from Scott Knoll, President and Chief Executive Officer of IAS. The email inquires as to whether Bill received a purportedly previously sent email and whether Bill had mailed out a check. Id. The contents of the body of the email are below:
Bill,
Did you receive my last email regarding the check that need to mail out
today?
Please email back and advice [sic] asap.
Thanks,
Scott
--
Scott Knoll
President and Chief Executive Officer
Integral Ad Science
scott@integralads.com
Id. While the email appears to originate from Mr. Knoll, the header of the email indicates that the email was actually sent from the email address scott@intergralads.com, which contains a deliberate, yet subtle misspelling of Complainant’s own domain adding an additional letter ‘r’ to the term ‘integral’. Id.
The complainant asserts and provides documentary evidence that (i) the The Disputed Domain is confusingly similar to Complainant’s INTEGRAL AD SCIENCE mark; (ii) Respondent has no rights or legitimate interest in the Disputed Domain; (iii) the Disputed Domain was registered and is being used in bad faith.
|