URS DEFAULT DETERMINATION
Wolverine Outdoors, Inc. v. See PrivacyGuardian.org et al.
Claim Number: FA1907001853824
DOMAIN NAME
<merrelleco.online>
<merrellen.online>
<merrellian.online>
<merrescarpe.online>
<merreson.online>
<merreventa.online>
PARTIES
Complainant: Wolverine Outdoors, Inc. of Rockford, MI, United States of America | |
Complainant Representative: Warner Norcross + Judd LLP
Jarrod H Trombley of Grand Rapids, MI, United States of America
|
Respondent: See PrivacyGuardian.org / Privacy Guardian See PrivacyGuardian.org of Phoenix, AZ, US | |
REGISTRIES and REGISTRARS
Registries: DotOnline Inc. | |
Registrars: NameSilo, 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: July 25, 2019 | |
Commencement: July 26, 2019 | |
Default Date: August 12, 2019 | |
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
Procedural Findings: | ||
Multiple Complainants: This decision applies to all six domain names. |
Findings of Fact: Registrant has registered six domain names, three of which contain Complainant's MERRELL trade mark and three of which contain a portion of Complainant's mark, MERRE, as part of the domain name. |
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: Determined: Finding for Complainant All six domain names are confusingly similar to Complainant's word mark for which Complainant has multiple trade mark registrations. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant prima facie shows that Registrant has no right or legitimate interest in any of the domain names.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The domain names resolve a site purporting to sell Complainant's products. This established bad faith under 1.2.6.3 d. 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:
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:
|
Anne M. Wallace Examiner
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