URS DEFAULT DETERMINATION

BBY Solutions, Inc. v. PPCChamp et al.
Claim Number: FA1806001790282

DOMAIN NAME

<geek-squad.online>

PARTIES

	Complainant: BBY Solutions, Inc. Matthew C Mlsna of Richfield, MN, United States of America

	Respondent: PPCChamp PPCChamp PPCChamp of Chandigarh, Chandigarh, II, IN

REGISTRIES and REGISTRARS

	Registries: DotOnline Inc.
	Registrars: Go Daddy, 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.
	Vali Sakellarides, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: June 5, 2018
	Commencement: June 6, 2018
	Default Date: June 21, 2018
	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: The Complainant is the owner a) of the US trademark registration No. 4,477,358 “GEEK SQUAD” registered on Feb. 4, 2014; b) of the US service mark registration No. 3,457,884 “GEEK SQUAD” registered on July 1, 2008; and c) of the US service mark registration No. 2,744,658 “GEEK SQUAD” registered on July 29, 2003. Complainant submits copies of the above marks. Complainant contends that it has been using the mark since 1994 extensively on its website, its printed matter, television advertising and in stores. Complainant submits copy of its website with use of its mark. Complainant contends that the disputed domain name <geek-squad.online> is confusingly similar to its mark, because it incorporates the mark in its entirety and the addition of a hyphen and use of a gTLD which corresponds to a descriptive term relating to the Complainant’s business (“.online”) is insufficient to distinguish the domain name from the Complainant’s registered mark for the purposes of the URS Procedure. Complainant submits copy of the Respondent’s website, in which Respondent purports to offer nearly identical technical support services under the identical GEEK SQUAD mark. The use of the mark on Respondent’s website creates the false appearance of being a website operated by Complainant in connection with Complainant’s technical support services. Respondent also incorporates other elements of Complainant’s branding and business, including referring to employees as “Agents” and indicating such Agents are able to assist with “Geek Squad Protection Services”. Complainant contends that there is simply no explanation for Respondent’s use of the mark other than a desire to trade on the fame and goodwill of Complainant, create confusion and divert customers seeking Complainant’s services. Therefore, Respondent clearly registered the disputed domain name with the Complainant’s mark in mind.

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

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

Determined: Finding for Complainant

[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

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.

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:

geek-squad.online

Vali Sakellarides
Examiner
Dated: June 22, 2018