NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
Auntie Anne's, Inc. v. Scott Grady
Claim Number: FA1405001560600
DOMAIN NAME
<auntieannes.menu>
PARTIES
Complainant: Auntie Anne's, Inc. of Lancaster, PA, United States of America | |
Complainant Representative: Fross Zelnick Lehrman & Zissu, P.C.
Todd Martin of New York, NY, United States of America
|
Respondent: Scott Grady of Revelstoke, BC, CA | |
REGISTRIES and REGISTRARS
Registries: MENU Registry | |
Registrars: GoDaddy |
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. | |
Mr. Sebastian Matthew White Hughes, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: May 21, 2014 | |
Commencement: June 2, 2014 | |
Default Date: June 17, 2014 | |
Having reviewed the communications records, the Examiner finds that the National Arbitration 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 The domain name is identical to Complainant's registered AUNTIE ANNE'S trademark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The domain name is resolved to a parking page with sponsored links, and is offered for sale on the parking page.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant's mark has been registered with the Trademark Clearinghouse. Respondent would have been notified of Complainant's trade mark rights by the Clearinghouse. Respondent has proceeded to register and use the domain name in order to intentionally attract for commercial gain Internet users to the parking page, in order to gain pay-per-click revenue. Furthermore, the domain name is offered for sale on the parking page. 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:
|
Mr. Sebastian Matthew White Hughes Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page