URS DEFAULT DETERMINATION


Grupp Internacional Sl v. See PrivacyGuardian.org
Claim Number: FA2011001919137


DOMAIN NAME

<panamajacks.online>


PARTIES


   Complainant: Grupp Internacional Sl of Alicante, Spain
  
Complainant Representative: Ebrand Services sp. z o.o. Karolina Ciecieląg of Białystok, Poland

   Respondent: 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.
   Piotr Nowaczyk, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: November 2, 2020
   Commencement: November 3, 2020
   Default Date: November 18, 2020
   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: No multiple complainants or respondents and no extraneous domain names require dismissal.

   Findings of Fact: The Complainant is a Spanish footwear and accessories company. The Complainant is the owner the PANAMA JACK mark n° 279273, registered in 2008 in the Spanish Patent and Trademark Office and duly renewed. The Domain Name resolves to Spanish website in which the PANAMA JACK mark is reproduced. Moreover, the website offers shoes resembling the Complainant’s products. The Complainant contends that <panamajacks.online> is identical to the PANAMA JACK mark, and was registered and is being used in bad faith by the Respondent who has no rights or legitimate interests in 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:
  (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 


The Domain Name is identical to the Complainant's PANAMA JACK mark since it incorporates the word mark in its entirety. It is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, thus the “.site” is of no consequence here (Facebook Inc. v. Radoslav, Claim Number: FA1308001515825). The Examiner finds that the Complainant met the standard set out in 1.2.6.1. of URS Procedure.


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

Determined: Finding for Complainant 


According to the Complainant, it does not carry out any business activity with the Respondent. Moreover, the website that the Domain Name offers shoes resembling the Complainant’s own shoes. In the absence of any counter arguments and evidences in support of the Respondent’s rights and legitimate interest, the Examiner finds that the second element under URS Procedure 1.2.6.2 has been satisfied.


[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 


Registering a domain name identical to a registered trademark, and subsequent using the domain to offer goods similar to the Complainant’s goods is viewed by the Examiner as bad faith. The Respondent has not submitted any evidences confirming circumstances listed in URS Procedure 5.7. In the absence of any defense which might have affected the decision on this issue, it is found that the third element of the policy under URS Procedure 1.2.6.3 has been satisfied.


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:


  1. 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:

  1. panamajacks.online

 

Piotr Nowaczyk
Examiner
Dated: November 22, 2020

 

 

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