ID SOFTWARE LLC v. Artur Denisov
Claim Number: FA1603001665045
Complainant: ID SOFTWARE LLC of MESQUITE, Texas, United States of America.
Complainant Representative: DLA Piper LLP (US) of Washington, District of Columbia, USA.
Respondent: Artur Denisov of Moscow, Russia.
REGISTRY and REGISTRAR
Registry: DotOnline Inc.
Registrar: Go Montenegro Domains, LLC
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Alan L. Limbury, as Examiner.
Complaint submitted: March 11, 2016
Commencement: March 11, 2016
Default Date: March 29, 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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is the proprietor of United States federally registered trademark DOOM, No. 2,050,083, registered on April 8, 1997 for computer software games and computer game programs.
The domain name resolves to a website promoting a computer game under the prominently displayed name DOOM.
Complainant says the DOOM mark has become well known worldwide through extensive promotion and that, as a result, the DOOM mark has become highly distinctive in the minds of the purchasing public.
Even though 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 is identical or confusingly similar to a
word mark:
(i) for which Complainant holds a valid national or
regional registration 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.
As to this element, despite the descriptiveness of the common dictionary word “doom”, Complainant has shown that it has rights in the registered DOOM trademark in relation to computer software games and that its mark is in current use.
The Examiner finds that the domain name is confusingly similar to Complainant’s DOOM mark.
Complainant has established this element.
[URS 1.2.6.2] Registrant has no rights to or legitimate interest in the domain name.
As to this element, Complainant says it has no business relationship with Respondent and has not licensed or otherwise permitted Respondent to use the DOOM mark or to apply for any domain name incorporating the DOOM mark. Further, that because Complainant owns exclusive rights in the DOOM mark and has numerous United States federal and international registrations therefor, Respondent cannot establish legitimate rights in the Domain Name.
In the absence of any Response, the Examiner finds that Complainant has shown, prima facie, that Respondent has no rights to or legitimate interests in the domain name.
Complainant has established this element.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
As to this element, Complainant says that, by creating confusion through its registration and use of a domain name wholly comprised of the DOOM mark, Respondent is attempting to disrupt the business of a competitor.
In the absence of any Response, the Examiner accepts Complainant’s assertion and finds that the domain name was registered and is being used in bad faith.
Complainant has established this element.
After reviewing Complainant’s submissions, the Examiner determines that
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 be SUSPENDED for the duration of the registration.
<doom.online>.
Alan L. Limbury, Examiner
Dated: March 31, 2016
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