Sunlane Media, LLC v. Data Protected
Claim Number: FA1811001815573
Complainant: Sunlane Media, LLC of Henderson, Nevada, United States of America.
Complainant Representative:
Complainant Representative: The Law Offices of Allan B. Gelbard of Encino, California, United States of America.
Respondent: Data Protected of Toronto, Ontario, CA.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.
Registrars: Tucows Domains 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.
Lars Karnøe, as Examiner.
Complainant submitted: November 8, 2018
Commencement: November 9, 2018
Default Date: November 27, 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.
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.
On the evidence submitted Complainant is the owner of
U.S. Trademark Registration Number 2401909 LITEROTICA (Registered 11/7/2000)
U.S. Trademark Registration Number 2628426 LITEROTICA (Registered 10/1/2002)
U.S. Trademark Registration Number 2683727 LITEROTICA (Registered 2/4/2003)
U.S. Trademark Registration Number 4282293 LITEROTICA (Registered 1/29/13)
EUTM Registration 016181059 LITEROTICA (Registered 2/10/17)
Respondent’s domain name is identical to Complainant’s registered trademarks. Respondent has failed or neglected to respond to the Complaint. It is most improbable that Respondent has any rights or legitimate interest in the disputed domain name as it is identical to Complainant’s distinctive trademark.
Complainant has made a prima facie case that it is probable that the disputed domain name was registered in bad faith. To hide its identity the Respondent uses a proxy service. The Respondent has no plausible reasons for choosing and using this unique non-generic name and trademark as a domain name. It is impossible to imagine how Respondent might use the disputed domain name for any reason other than to pretend that it relates to an official LITEROTICA website or email address.
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:
<literotica.online>
Lars Karnøe, Examiner
Dated: November 28, 2018
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