URS DEFAULT DETERMINATION
RTIC Outdoors, LLC v. haipeng dong
Claim Number: FA2109001964068
DOMAIN NAME
<rticoutdoors.store>
PARTIES
Complainant: RTIC Outdoors, LLC of Houston, TX, United States of America | |
Complainant Representative: Fish & Richardson P.C.
Nancy Ly of Minneapolis, MN, United States of America
|
Respondent: dong haipeng / haipeng dong haipeng dong of Yichun, Heilongjiang, II, CN | |
REGISTRIES and REGISTRARS
Registries: DotStore Inc. | |
Registrars: CHENGDU WEST DIMENSION DIGITAL TECHNOLOGY CO., LTD. |
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. | |
Alan L. Limbury, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 16, 2021 | |
Commencement: September 20, 2021 | |
Default Date: October 5, 2021 | |
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: [OptionalComment] |
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 Complainant has shown that it has rights in the registered trademark RTIC, which is in current use. Registrant's domain name is confusingly similar to Complainant's mark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Registrant is not known by the domain name and is not making bona fide use of it, since it resolves to a website mimicking Complainant's website, without Complainant's permission.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Registrant was clearly aware of Complainant's mark when registering the domain name and did so in bad faith primarily to disrupt Complainant's competing business. Registrant is using the domain name in bad faith to attempt to attract users for commercial gain by masquerading as 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:
|
Alan L. Limbury Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page