The American Red Cross Reclaims the REDCROSSS.ORG Domain Name from Typosquatter

In the case of The American National Red Cross v. Ms MDM, FA 909826 (Nat. Arb. Forum Mar. 13, 2007), the American Red Cross succeeded in its effort to reclaim the redcrosss.org domain name from a typosquatter.

Complainant, The American Red Cross, works with a global network, “National Societies,” in 175 countries where it provides relief services to those affected by natural or man-made disasters, including fires, hurricanes, floods, earthquakes, tornados, hazardous material spills, transportation accidents, and explosions. In addition, Complainant collects blood donations for hospitals and is the steward for more than half of the United States blood supply. Complainant holds rights in the well-known RED CROSS mark by way of statutory protection through 18 U.S.C. § 706.

Respondent registered the redcrosss.org domain name on October 22, 2004. Respondent’s domain name resolved to a website that contained links to first-aid certification programs, disaster relief funds, and various other commercial websites.

Turning first to the question of whether the domain name was identical or confusingly similar to a trademark in which Complainant has rights, the Panel first noted that under 18 U.S.C. §706, the U.S. Congress had provided federal statutory protection of the RED CROSS mark. The Panel found that Complainant had therefore established rights in the well-known mark for purposes of Policy ¶ 4(a)(i).

Indeed, the Panel found that Respondent’s redcrosss.org domain name was confusingly similar to Complainant’s well-known RED CROSS mark. Respondent’s domain name contained Complainant’s mark in its entirety and merely added the letter “s” and the generic top-level domain (“gTLD”) “.org.” The Panel found that neither addition succeeded in distinguishing Respondent’s domain name from Complainant’s mark pursuant to Policy ¶ 4(a)(i).

Turning to the question of whether the Respondent had any rights to or legitimate interests in the domain name at issue, the Panel noted that Respondent was using the redcrosss.org domain name to operate a website that featured links to various commercial websites, some of which were related to Complainant. The Panel inferred from Respondent’s use that it was collecting referral fees for each misdirected Internet user. The Panel found that such use was not a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii). Moreover, no evidence was presented that Respondent was commonly known by the redcrosss.org domain name. The WHOIS information listed the registrant as “Ms MGM.” In the absence of evidence suggesting otherwise, the Panel found that Respondent had not established rights or legitimate interests under Policy ¶ 4(c)(ii).

Turning finally to the question of whether the domain name had been registered and used in bad faith, the Panel noted that Respondent was using the redcrosss.org domain name to operate a website that featured links to various related and unrelated commercial websites, presumably for the purpose of collecting referral fees. The Panel found that Internet users searching for Complainant’s legitimate website would likely be confused when stumbling upon Respondent’s website as to Complainant’s sponsorship of or affiliation with the resulting website. Such use was deemed to be evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(iv).

Having established all three elements required under the ICANN Policy, the Panel concluded that the domain name should be transferred to Complainant.