{ "case_number": "CAC-UDRP-105031", "time_of_filling": "2023-05-31 10:06:07", "domain_names": [ "manulifegroup.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "The Manufacturers Life Insurance Company " ], "complainant_representative": "c\/o Jonathan Matkowsky (Microsoft Corporation)", "respondent": [ "Tyler Kacsor" ], "respondent_representative": null, "factual_background": "
FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/div>\n
<\/div>\n
Complainant is a wholly-owned subsidiary of Manulife Financial Corporation (\"Manulife\") and a leading Canadian-based financial services company that offers a diverse range of financial protection products and wealth management services. Manulife is a leading international financial services group with principal operations in Asia, Canada, and the United States, where it has served customers for more than 155 years. <\/div>\n
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Serving tens of millions of customers with over a trillion U.S. dollars in assets under management and administration, Complainant's MANULIFE brand has received widespread media and industry recognition, including by Interbrand as one of the Best Canadian Brands. Manulife has been repeatedly ranked at the top spot among Canadian insurers on the Forbes list of the World's Best Employers.<\/p>\n<\/div>\n

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Respondent created the disputed domain name at 2023-04-24T18:10:23Z according to the registrar's Whois verification response and the disputed domain name redirects Internet traffic to Complainant’s official website. Therefore, the Respondent lacks rights or legitimate interests in the disputed domain name under Policy paragraph 4(a)(ii). See Altavista Co. v. Brunosousa, WIPO Case D2002-0109 (holding that the respondent was attempting to build up “mistaken confidence” in the disputed domain name by having it resolve to the complainant’s official website and that “an unconnected party has no right or legitimate interest to use an otherwise deceptive trademark, name or indicia to redirect Internet traffic, even if it is directed to the legitimate owner of the trademark”).

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First UDRP Element - Confusing Similarity<\/strong><\/div>\n
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The disputed domain name incorporates the registered mark MANULIFE and appends the generic identifier \"Group.\" The applicable Top Level domain is a standard registration requirement and, as such, is generally disregarded. [§ 1.11.1 of WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (WIPO Jurisprudential Overview 3.0)].<\/div>\n
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The MANULIFE mark is recognizable with the disputed domain name, and the generic identifier word appended even relates explicitly to the Complainant's leading international financial services group covered by the MANULIFE registered mark. Therefore, Complainant satisfies the requirements of paragraph 4(a)(i) of the Policy in establishing its rights in MANULIFE and demonstrating that the disputed domain name is confusingly similar per the Policy element. [§ 1.7. of WIPO Jurisprudential Overview 3.0].

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Second UDRP Element - No Legitimate Interest<\/strong><\/div>\n
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The Complainant has not authorized the Respondent to use its name or marks, and the Respondent cannot show it is legitimately known by the disputed domain name. Based on the evidence, the Respondent is likely using the disputed domain name for illegal activity consisting of sending fraudulent emails impersonating the Complainant, which Panels have categorically held can never confer rights or legitimate interests on a respondent. [§ 2.13 of WIPO Jurisprudential Overview 3.0]. <\/div>\n
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Specifically, the Complainant received a report that someone is masquerading as a Director of Global Procurement Strategy for Complainant using the e-mail \"bowen.liu@manulifegroup.com\" on the Disputed domain name).<\/p>\n<\/div>\n

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Furthermore, the Respondent set up mail records with Google on the disputed domain name:<\/div>\n
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  • manulifegroup.com. 3600 IN MX 10 alt3.aspmx.l.google.com.<\/li>\n
  • manulifegroup.com. 3600 IN MX 10 alt4.aspmx.l.google.com.<\/li>\n
  • manulifegroup.com. 3600 IN MX 5 alt1.aspmx.l.google.com.<\/li>\n
  • manulifegroup.com. 3600 IN MX 5 alt2.aspmx.l.google.com.<\/li>\n
  • manulifegroup.com. 3600 IN MX 1 aspmx.l.google.com.<\/li>\n<\/ul>\n
    \n

    Any e-mails spoofing Complainant sent from the disputed domain name or replies to Respondent sent to the disputed domain name would likely be intended for Complainant. There is no legitimate interest in confusing people into mistakenly thinking they are communicating with Complainant through a mailbox under Respondent's control or management.<\/p>\n<\/div>\n

    \n

    Accordingly, the Respondent does not have rights or legitimate interest in the disputed domain name under the second element of the Policy.

    <\/p>\n<\/div>\n

    <\/div>\n
    Third UDRP Element - Registered and Used in Bad Faith<\/strong><\/div>\n
    <\/div>\n
    It is well established that the mere registration of a domain name that is confusingly similar to a trademark by an unaffiliated entity can lead to the presumption of bad faith.<\/div>\n
    <\/div>\n
    Manulife is a leading international financial services group with principal operations in Asia, Canada, and the United States, where it has served customers for more than 155 years. The Respondent likely registered the disputed domain name to commit fraud. Someone claimed to have received an email from the disputed domain name with a signature purporting to come from Complainant's Director of Global Procurement Strategy. <\/div>\n
    <\/div>\n
    Respondent is presumed to have knowledge of Complainant’s registered marks and reputation because the disputed domain name incorporates Complainant’s registered MANULIFE mark in its entirety. <\/div>\n
    <\/div>\n
    Setting up mail records on the disputed domain name to spoof Complainant in emails and re-enforce the deception by redirecting the website on the disputed domain name to Complainant's site is bad faith registration and use per the Policy.<\/div>\n
    <\/div>\n
    Some Panels have held that merely registering the disputed domain name “in spite of actual or constructive knowledge amounts to bad faith registration and use pursuant to [UDRP] Policy paragraph 4(a)(iii).”<\/div>\n
    <\/div>\n
    For all the preceding reasons, the disputed domain name was likely registered and is being used in bad faith under the third element of the Policy.<\/div>", "other_legal_proceedings": "

    The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "

    NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "rights": "

    The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "

    The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

    The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "

    The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Petr Hostaš" ], "date_of_panel_decision": "2023-06-28 00:00:00", "informal_english_translation": "

    Complainant is the owner of a family of MANULIFE trademark registrations worldwide (both with and without design or stylized elements), including: <\/div>\n
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    • Canadian Reg. No. TMA385240, registered on May 31, 1991; <\/li>\n
    • United States Reg. No. 74094413, registered on August 31, 1993;<\/li>\n
    • European Reg. No. 000540989, registered on July 9, 1999; <\/li>\n
    • European Reg. No. 014106256, registered on October 30, 2015.<\/li>\n<\/ul>\n
      The disputed domain name <manulifegroup.com> was registered on April 24, 2023.<\/div>\n

      <\/p>", "decision_domains": { "manulifegroup.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }