RTIC Outdoors, LLC v. dong haipeng
Claim Number: FA2109001962781
Complainant: RTIC Outdoors, LLC of Houston, Texas, United States of America.
Complainant Representative: Fish & Richardson P.C. of Minneapolis, Minnesota, United States of America.
Respondent: dong haipeng of yi chun shi, hei long jiang sheng, CN.
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.
Registrars: DNSPod, 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.
Mr. Sebastian Matthew White Hughes, as Examiner.
Complainant submitted: September 8, 2021
Commencement: September 10, 2021
Default Date: September 27, 2021
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 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 is 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
Disregarding the gTLD “.online”, the domain name is confusingly similar to Complainant's word mark "RTIC” (the “Trade Mark”), registered under, inter alia, United States of America registration No. 4,909,776 with a registration date of March 1, 2016; and Chinese registration No. 30347931, with a registration date of May 28, 2019. It comprises the Trade Mark together with the word “outdoors” which is directly descriptive of the goods manufactured and sold under the Trade Mark by Complainant. It is also confusingly similar to the name of Complainant and to Complainant’s registered domain name <rticoutdoors.com>.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Respondent has no legitimate rights or interests in respect of the domain name. Respondent has no trade mark rights in respect of the domain name. The domain name has been resolved to a website which copies the look and feel of Complainant’s website, features the Trade Mark without authorization, and purports to offer for sale Complainant’s outdoor goods at heavily discounted prices, as well as apparently those of a competitor of Complainant, YETI, under the altered trade mark YERTI.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
Determined: Finding for Complainant
The domain name has been registered and used in bad faith under [URS 12.6.3] paragraph d:
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.
After reviewing Complainant’s submissions, the Examiner determines that
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 be SUSPENDED for the duration of the registration:
<rticoutdoors.online>
Mr. Sebastian Matthew White Hughes, Examiner
Dated: September 28, 2021
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