WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION JDRF International v. Janice Green Case No. D2019-0994 1. The Parties

Complainant is JDRF International, United States of America (“United States” or “U.S.”), represented by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., United States.

Respondent is Janice Green, United States. 2. The Domain Name and Registrar

The disputed domain name (the “Domain Name”) is registered with eNom, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 1, 2019. On May 1, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On May 1, 2019, 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 May 8, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 28, 2019. The Center received an email communication from a third party on May 8, 2019, indicating that the reply party was the webhosting company and that they had “forwarded your complaint to the responsible customer”. Respondent did not submit any response. Accordingly, the Center notified the Parties that the matter would proceed to panel appointment on May 29, 2019.

The Center appointed John C. McElwaine as the sole panelist in this matter on June 6, 2019. 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 is a global non-profit dedicated to funding research for the treatment, prevention, and cure of Type One diabetes (T1D).

Complainant is also the owner of U.S. Trademark Registration No. 4,360,046, registered on July 2, 2013 for the mark JDRF, which is registered in connection with the following services: “Pre-recorded video tapes and downloadable video recordings, audio tapes, and audio and video discs, all featuring information on type 1 diabetes (T1D), Magazines, informational flyers, pamphlets, and brochures about type 1 diabetes (T1D), T-shirts and sweat shirts, Association services, namely, promoting the public interest and awareness of curing, treating, and preventing type 1 diabetes (T1D), Charitable fundraising services relating to type 1 diabetes (T1D), Providing non-downloadable videos, via a website, featuring information about type 1 diabetes (T1D)”.

On March 3, 2003, Respondent registered the Domain Name with the Registrar. Complainant submitted evidence that the website under the Domain Name used the JDRF Mark in its header with links to third parties. The Domain Name currently resolves to an inactive page. 5. Parties’ Contentions A. Complainant

Complainant was founded in 1970 as the Juvenile Diabetes Foundation, and later changed its name to the Juvenile Diabetes Research Foundation, which was often abbreviated as JDRF. In 2000, Complainant formally adopted the mark, JDRF, after statistics began to clarify that what was then known as “juvenile diabetes” and is now referred to as “type one diabetes” (T1D) afflicts an equal number of children and adults. Complainant contends that it is an international organization with a strong presence and high visibility in the United States. Complainant alleges that it has local chapters throughout the United States, including JDRF Illinois, which is physically located in Chicago, Illinois.

As stated above, Complainant has obtained a United States trademark registration for the JDRF trademark and Complainant alleges that nearly two decades of continuous, exclusive, and highly visible use of the JDRF Mark for association services focused on T1D has made this trademark highly recognizable nationwide with a strong consumer association to Complainant’s services. Collectively, Complainant’s trademark rights in the registered JDRF trademark, U.S. Reg. No. 4,360,046, and its unregistered, common law rights in the JDRF trademark are referred to as the “JDRF Mark”. Complainant avers significant funding raising over the years under the JDRF Mark.

With respect to the first element of the Policy, Complainant contends that it owns a trademark registration for the JDRF Mark. Complainant further points out that only difference between the JDRF Mark and the Domain Name is that “Illinois” appears after “JDRF”. Complainant asserts that the addition of this geographically descriptive term is not sufficient to distinguish the Domain Name from the JDRF Mark.

With respect to the second element of the Policy, Complainant asserts that it has not been able to contact Respondent or confirm Respondent’s identify. In addition, Complainant is unaware of whether Respondent may have been commonly known by the Domain Name previously. Complainant alleges, however, that Respondent’s use of the Domain Name is a clear case of “spoofing” to improperly divert web traffic from Complainant’s legitimate domain name(s). Complainant alleges that in addition to using Complainant’s JDRF Mark in the Domain Name, Respondent has incorporated infringing content, and other content designed to suggest an affiliation with Complainant. Complainant alleges that the website displayed at the Domain Name (the “Website”) includes a header in which the JDRF Mark and the tagline “Juvenile Diabetes Research Foundation International” (a version of Complainant’s former corporate name) are prominently displayed. Immediately beneath this header, and displayed prominently, is the phrase “Dedicated to Find a Cure”, which Complainant claims slogans used by Complainant. In addition, Complainant asserts that the Website includes the following terms, appearing as links to purportedly relevant content: “Life with Diabetes”, “Education and Support”, “Advocacy”, “Research” and “Health”. Complainant asserts that this content is an attempt to confuse consumers into thinking that they have landed on the webpage for Complainant or its Illinois chapter, whose legitimate website appears at “/illinois”. Complainant characterizes the entirety of the Website’s content to be sponsored content designed solely to attract web traffic and is not connected to any legitimate service offering. For example, the Website includes headings such as “Rumors, Deception and Mattress Coupons”, which directs to an “article” purportedly about how to arrange a mattress, “The 5-Minute Rule for West Palm Beach” which directs to an “article” purportedly about on-line reservation systems and pest control, “Almond Toffee at a Glance” and “Simple Habits to Beat Cancer”. Complainant contends that the Website is not a bona fide offer for any legitimate goods or services.

With respect to the third element of the Policy, Complainant alleges that Respondent has used the Domain Name intentionally to attract, for commercial gain, Internet users to its website or other by creating a likelihood of confusion with Complainant’s JDRF Mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location. Complainant asserts three reasons for this allegation: (1) the