MacPaw Inc. v. Sonora Inmuebles et al.
Claim Number: FA1810001811412
Complainant: MacPaw Inc. of Santa Clara, California, United States of America.
Complainant Representative: Katerina Zlenko of Kyiv, Ukraine.
Respondent: Sonora Inmuebles of Hermosillo, Sonora, International, MX.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.
Registrars: GoDaddy.com, LLC
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.
Jonathan Agmon, as Examiner.
Complainant submitted: October 12, 2018
Commencement: October 12, 2018
Default Date: October 28, 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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant, MacPaw Inc., is a Delaware company in the business of providing various software products to end users and application developers throughout the world, including the application CleanMyPC.
Complainant is the owner of the mark “CleanMyPC” in Ukraine for Reg. No. 178226 which was registered on 11 November 2013.
Complainant asserts the following against the Respondent:
1. The registered domain name is identical or confusingly similar to a word or mark [URS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use;
2. Registrant has no legitimate right or interest to the domain name [URS 1.2.6.2];
3. The domain name was registered and are being used in bad faith [URS 1.2.6.3] such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other online 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; 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.
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
Complainant is the owner of the mark “CleanMyPC” in Ukraine for Reg. No. 178226 which was registered on 11 November 2013.
The domain name includes the Complainant's mark in its entirety, together with the gTLD ".online".
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
The Complainant has not authorized Respondent to use its CleanMyPC mark. The Respondent is not commonly known by the registered domain name. The Respondent’s use is not a legitimate noncommercial or fair use, and is not in connection with a bona fide offering of goods or services.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith. 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 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 Complainant provided evidence showing a webpage which appears to offer an application for PC/Mac to free up space and speed up one’s computer. The web page shows that the Respondent is using the term MyCleanPC for his application under the disputed domain name which is identical to the Complainant’s mark. While the Complainant’s mark appears to be weak as it comprises a combination of the words “clean” “my” and the acronym “pc”, the evidence provided clearly show that the Respondent was targeting the Complainant. Given the clear and convincing evidence filed by the Complainant, the conclusion is that the disputed domain name was registered and is being used in bad faith to prevent the Complainant from reflecting the mark in a corresponding domain name and creating a likelihood of confusion with the Complainant’s mark and that Complainant has complied with URS 1.2.6.3 (d).
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.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
<cleanmypc.online>
Jonathan Agmon, Examiner
Dated: October 30, 2018
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