URS DEFAULT DETERMINATION
Signet Jewelers Ltd. v. Domains By Proxy, LLC et al.
Claim Number: FA2006001900121
DOMAIN NAME
<jaredjewelers.store>
<kayjewelersoutlet.store>
<zalesjewelers.store>
<zalesjewelersoutlet.store>
PARTIES
Complainant: Signet Jewelers Ltd. of Akron, OH, United States of America | |
Complainant Representative: Holland & Hart, LLP
Amy Joy Tindell of Boulder, USA
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Respondent: Registration Private / Domains By Proxy, LLC of Scottsdale, AZ, US | |
REGISTRIES and REGISTRARS
Registries: DotStore Inc. | |
Registrars: Go Daddy, LLC,PDR Ltd. d/b/a PublicDomainRegistry.com |
EXAMINER
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding. | |
Vali Sakellarides, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: June 13, 2020 | |
Commencement: June 18, 2020 | |
Default Date: July 6, 2020 | |
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules"). |
RELIEF SOUGHT
Complainant requests that the domain name be suspended for the life of the registration. |
STANDARD OF REVIEW
Clear and convincing evidence. |
FINDINGS and DISCUSSION
Findings of Fact: Complainant contends it is the largest specialty jewelry retailer in the US, UK, and Canada, operating approximately 3,600 stores primarily under the brands of JARED, ZALES, and KAY and promotes its stores and products through numerous channels, including television, print, and digital. Complainant owns rights in the marks worldwide, including United States Registration Nos. 3150413, 4321229, and 3052726 for JARED, Nos. 1364390 and 2133109 for ZALES, and Nos. 0748204, 2222703, 2602439, 2558368, and 3727921 for KAY. As a result of Complainant's sustained promotional efforts, combined with the success of the jewelry sold in connection with the trademarks of the Complainant, said trademarks have become famous. The Complainant provides copies of its websites using its trademarks for jewelry stores. The disputed domain names incorporate fully the trademarks of the Complainant with the mere addition of the generic terms 'jewelers' and 'outlet' and the generic TLD '.store'. Respondent's websites are specifically associated with Complainant because the upper left hand corners of the pages name the trademarks of the Complainant. The headings ZALES JEWELERS, JARED JEWELRY OFFICIAL, and KAY JEWELERS that appear on the top left of the Respondent's websites create the misleading impression that they offer products under the trademarks of the Complainant or are associated with the Complainant, which is false. The screenshots of the Respondent's websites show the above-mentioned misleading use of the trademarks of the Complainant. |
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant FINDING OF ABUSE or MATERIAL FALSEHOOD The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
DETERMINATION
After reviewing the parties submissions, the Examiner determines that the Complainant
has demonstrated all three elements of the URS by a standard of clear and convincing
evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for
the duration of the registration:
|
Vali Sakellarides Examiner
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