URS DEFAULT DETERMINATION

Foot Locker Retail, Inc v. Sami Zouaghi Einzelunternehmen
Claim Number: FA1610001699412

DOMAIN NAME

<footlocker.shop>

PARTIES

	Complainant: Foot Locker Retail, Inc of New York, NY, United States of America
	Complainant Representative: Kelley Drye & Warren LLP of New York, NY, United States of America

	Respondent: Sami Zouaghi Einzelunternehmen sami Zouaghi of brackenheim, II, DE

REGISTRIES and REGISTRARS

	Registries: GMO Registry, Inc.
	Registrars: united-domains AG

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.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 23, 2016
	Commencement: October 25, 2016
	Default Date: November 10, 2016
	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

	Procedural Findings:
		Multiple Complainants: N.A.
		Multiple Respondents: N.A.

Findings of Fact: Complainant Foot Locker Retail, Inc. ("Foot Locker") is a premium retailer of athletic footwear, apparel and related goods and services in the United States. Foot Locker owns all rights, title, and interest in and to the well-known and incontestable FOOT LOCKER marks (U.S. Reg. Nos. 3810824 and 1126857), registered in the United States Patent and Trademark Office and other countries worldwide (the "Marks"). Complainant currently uses the Marks in commerce through the world.

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:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

The Disputed Domain Name is identical to Complainant's trademarks, consisting in whole of the words "FOOT LOCKER". The Respondent is not affiliated with the Complainant in any way and has not been authorized by the Complainant to register or use any domain name incorporating Complainant's mark.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

According to information obtained by the WHOIS registry (the "Registry"), the current registrant of the Disputed Domain Name is Sami Zouaghi and Respondent provides no evidence to indicate he is commonly known by the domain name. Respondent has no rights or legitimate interest in the Disputed Domain Name because it is not a licensee of Complainant and is not otherwise authorized to use Complainant's Marks.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

The Disputed Domain Name has been registered and is being used in bad faith. On October 17, 2016 Complainant's representative contacted the Registrant regarding the infringing nature of the Disputed Domain Name. On October 18, 2016, Respondent replied and offered to sell the domain for three million euros. Thus, Registrant has acquired the domain name for the purpose of transferring the domain to Complainant who is the owner of the FOOT LOCKER marks.

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:

The Complaint was neither abusive nor contained material falsehoods.

Complainant is the valid owner of a mark that Respondent used without authorization.

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:

footlocker.shop

Darryl C. Wilson
Examiner
Dated: November 16, 2016

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