URS DEFAULT DETERMINATION


Burberry Limited v. Domains By Proxy, LLC
Claim Number: FA1609001694006


DOMAIN NAME

<burberry.global>


PARTIES


   Complainant: Burberry Limited Jim Chen of London, United Kingdom
  

   Respondent: Moss Fitche of San Francisco, CA, USA
  

REGISTRIES and REGISTRARS


   Registries: Dot GLOBAL AS
   Registrars: GoDaddy.com, LLC

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.
   Anne M. Wallace, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: September 16, 2016
   Commencement: September 16, 2016
   Default Date: October 3, 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



   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:
  (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 


Except for the .global extension, the disputed domain name is identical to Complainant's registered BURBERRY mark which Complainant is using in business.


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

Determined: Finding for Complainant 


Respondent has no legitimate right or interest in the domain name. Complainant has not granted any license or consent, express or implied, to use the BURBERRY Marks in a domain name. Complainant’s goods are advertised and sold on its self­-owned website located at burberry.com and does not use any other platform for selling its products. Respondent has never been known by the “burberry.global” domain name.


[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 


Prima facie Respondent registered and is using the Domain Name primarily for the purposes of defrauding businesses and the general public. Respondent is using the email address j.leandrew@burberry.global to send offers to other businesses of likely counterfeit goods as he has no access to genuine. Respondent has redirected the Domain Name to the Complainant’s site www.burberry.com, presumably in order to further confuse the public into believing the Respondent is employed by, or affiliated with the 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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. burberry.global

 

Anne M. Wallace
Examiner
Dated: October 4, 2016

 

 

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