URS DEFAULT DETERMINATION
Lidl Stiftung & Co KG v. none
Claim Number: FA2011001919961
DOMAIN NAME
<lidl-gifts.online>
PARTIES
Complainant: Lidl Stiftung & Co KG of Neckarsulm, Germany | |
Complainant Representative: HK2 Rechtsanwälte
Sina Schmiedefeld of Berlin, Germany
|
Respondent: aymen kaddaf of Casablanca Grand Casablanca, II, MA | |
REGISTRIES and REGISTRARS
Registries: DotOnline Inc. | |
Registrars: Go Daddy, 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 9, 2020 | |
Commencement: November 10, 2020 | |
Default Date: November 25, 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 belongs to the LIDL-Group, a famous global discount supermarket chain based in Germany. The LIDL-Group operates more than 10.000 stores with over 285.000 employees. Currently its stores can be found in 29 countries. The Complainant owns the international trademark registration for the LIDL mark n° 748064 (registered on July 26, 2000) and the EU trademark registration for the LIDL mark n° 006460562 (registered on July 27, 2002). The Domain Name resolves into a “403 Forbidden Access to this resource on the server is denied!†website. The Complainant contends that <lidl-gifts.online> is confusingly similar to the LIDL 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. The Respondent did not present any contentions regarding the merits of the case. |
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 The Domain Name is confusingly similar to the Complainant's LIDL mark since it incorporates the word mark in its entirety. The addition of other terms, i.e. “gift†does not prevent a finding of confusing similarity. In fact, it suggest that the domain name holder is economically linked to Complainant. It is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, thus the “.online†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 has not authorized Respondent to use its LIDL mark or register the Domain Name. There are also no basis to conclude that the Respondent is commonly known by the Domain Name. Moreover, the Domain Name resolves to an inactive website which is not a case of bona fide offering goods or services. 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.
Determined: Finding for Complainant Registering a domain name identical to a registered trademark, and subsequent passive holding of such a domain 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:
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:
|
Piotr Nowaczyk Examiner
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