The Complainant was founded in 2017 and is a United States biotechnology company focused on creating genetic analysis tools for the research and diagnostic markets.<\/p>\n
The Complainant’s business and products under the trademark ELEMENT BIOSCIENCES are advertised on the website at the domain name <elementbiosciences.com>, registered on July 7, 2017.<\/p>\n
The disputed domain name <elementbiosciencescareers.com> was registered on April 4, 2023 and is not pointed to an active website. According to the documents submitted the Complaint, email addresses based on the disputed domain name have been used to deliver offers of employment in the name of the Complainant’s Chief Executive Officer.<\/p>", "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": "
COMPLAINANT<\/p>\n
The Complainant contends that the disputed domain name is confusingly similar to its trademark ELEMENT BIOSCIENCES.<\/p>\n
The Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name since: i) the Respondent does not use, and has not used, the disputed domain name in connection with a bona fide of goods or services, as the disputed domain name has not been used in connection with an active website but only to create email addresses used to deliver fraudulent email communications aimed at scamming unsuspecting individuals into providing sensitive personal information under the guise that the Respondent is associated with the Complainant (which it is not) and wishes to hire such people to work for Complainant; ii) the Respondent is not commonly known by the disputed domain name; iii) the use of the disputed domain name to commit fraud is not a legitimate or non-commercial fair use; and iv) the mere construction of the disputed domain name can be relied upon to infer that a respondent is not making a legitimate use of the disputed domain name.<\/p>\n
The Complainant claims that the Respondent registered the disputed domain name in bad faith because: i) the composition of the disputed domain name and the Respondent’s use of Complainant’s trademark and company details in the correspondence sent from email addresses based on the disputed domain name demonstrate that the Respondent was actually aware of the Complainant’s trademark; ii) even if Respondent did not have actual knowledge of the Complainant’s trademark (which it likely did), the Respondent had a duty to ensure that the registration of the disputed domain name would not infringe a third party’s rights and a simple online search for ELEMENT BIOSCIENCES would have highlighted the existence of the Complainant and its trademark.<\/p>\n
With reference to bad faith use, the Complainant contends that the Respondent registered the disputed domain name primarily for the purpose of disrupting the Complainant’s business because the Complainant is required to respond to inquiries from the targeted job seekers and to investigate each instance of wrongdoing.<\/p>\n
The Complainant highlights that the Respondent sent emails to unsuspecting job seekers (the same day the disputed domain name was created) requesting sensitive personal information, that can be used to perpetuate identity theft and other scams. The Complainant asserts that the emails and accompanying “recruitment” materials are particularly troubling in this case because the Respondent has used an exact copy of the Complainant’s figurative trademark, the Complainant’s address, links to the Complainant’s website, and the name of the Complainant’s CEO, all in connection with an email address that incorporates the trademark ELEMENT BIOSCIENCES in their entirety. <\/p>\n
Additionally, the Complainant states that the Respondent’s failure to use the disputed domain name in connection with an active website is further evidence of bad faith. <\/p>\n
RESPONDENT<\/p>\n
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": [ "Luca Barbero" ], "date_of_panel_decision": "2023-09-05 00:00:00", "informal_english_translation": "
The Complainant has demonstrated ownership of unregistered rights in the trademark ELEMENT BIOSCIENCES for the purposes of standing to file a UDRP complaint.<\/p>", "decision_domains": { "elementbiosciencescareers.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }