PJ Hungary Szolgáltató Korlátolt Felelosségu Társaság et al. v. WhoisGuard, Inc.
Claim Number: FA1810001812570
Complainant: PJ Hungary Szolgáltató Korlátolt Felelosségu Társaság of Budapest, Hungary.
Complainant Representative: Herrero & Asociados of Madrid, Spain.
Respondent: WhoisGuard, Inc. of Panama, Panama, International, PA.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.
Registrars: NameCheap, Inc.
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.
James Bridgeman, as Examiner.
Complainant submitted: October 19, 2018
Commencement: October 22, 2018
Default Date: November 6, 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 has rights in a portfolio of registered trademarks including the following for which he is the registered owner:
EUTM no. 000287029 “PEPE JEANS” 9, 14, 18, 25 and 35.
EUTM no. 000456574 “PEPE JEANS” 9, 16 and 28.
EUTM no. 001807379 “PEPE JEANS” 3, 9, 14 and 18.
EUTM no. 002095339 “PEPE JEANS London”, 25, 35 and 42.
EUTM no. 002970911 “PEPE JEANS London”, 9, 16 and 35.
EUTM no. 003414232 “PEPE JEANS”, 03, 09, 16, 18, 24, 25, 35 and 42.
The disputed domain name was registered on
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.
Rights and Confusing Similarity
The Complainant has made out a prima facie case that it has rights in the "PEPE JEANS" trademark through its above registrations. The disputed domain name contains the disputed trademark in its entirety as its main and dominant element thereby is confusingly similar to the trademark.
Respondent has no Rights or Legitimate Interest
Complainant states that the Respondent has not been allowed by the legitimate owner of the "PEPE JEANS" trademarks to use the mark in commerce there is no evidence that the Respondent is known by the name PEPE JEANS.
Bad Faith Registration and Use
The website to which the disputed domain name resolves imitates the Complainant’s website without authorization and purports to offer authentic Pepe Jeans products without authorization thereby confusing consumers. This cannot be considered as bona fide use of the name in commerce.
Complainant has therefore furnished clear and convincing evidence to make out a prima facie case that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to the Respondent’s web site or other online location, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s web site or location or of a product or service on that web site or location.
Complainant has therefore satisfied the test to succeed by adducing clear and convincing evidence to establish a prima facie case that the disputed domain name is confusingly similar to the trademark PEPE JEANS in which Complainant has rights; that Respondent has no rights or legitimate interest in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
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:
<pepejeansventa.online>
James Bridgeman, Examiner
Dated: November 06, 2018
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