It's Tax Time...Rapid Refund for Domain Name

The Complainant is HRB Royalty, Inc., a wholly owned indirect subsidiary of H&R Block, Inc. and part of a family company (collectively, H&R Block) making up the largest provider of individual income tax preparation services in the United States.  H&R Block has used and owns the trademark "RAPIDREFUND" and related marks since at least 1986 in connection with its tax services business.

Complainant was not pleased to learn through a reverse Whois search that the Respondent owned and operated a website using the domain name "ezrapidrefund.com" to market indirectly a competing service.  The site appeared to promote rapid (tax) refund specialists and obtaining maximum refunds for its clients, stating that it will get "the best refund no matter how simple or complicated the return may be".

Respondent failed to respond to 2 separate cease and desist letters sent by Complainant, prompting the Complainant's commencement of its WIPO proceeding. Respondent failed to submit a response to that as well.

Ordering transfer of the disputed domain name, the Panel noted that the addition of the prefix "ez" to Complainaint's trademark was immaterial and accepted the Complainant's submission that the registration of the domain was intentionally used as an attempt to attract for commercial gain internet users to the Respondent's website by creating a likelihood of confusion with the Complainant's mark. The Panel further took into account the Respondent's failure on not one, but on 3 separate occasions to counter the Complainant's assertions against, warranting an "ez" decision to transfer the domain.  HRB Royalty, Inc. v. Charlenia Owens, WIPO Case No. D2007-16