URS DEFAULT DETERMINATION
INFOBAE v. WhoisGuard, Inc.
Claim Number: FA2009001911369
DOMAIN NAME
<infobae.live>
PARTIES
Complainant: INFOBAE Marcos Stupenengo of Miami Beach, FL, United States of America | |
Complainant Representative: INFOBAE
Marcos Stupenengo of Miami Beach, FL, United States of America
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Respondent: WhoisGuard Protected / WhoisGuard, Inc. of Panama, Panama, II, PA | |
REGISTRIES and REGISTRARS
Registries: Dog Beach, LLC | |
Registrars: NameCheap, Inc. |
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. | |
Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 6, 2020 | |
Commencement: September 8, 2020 | |
Default Date: September 23, 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: N/A - There is only one Complainant and one trademark. | ||
Multiple Respondents: N/A - There appears to be only one Respondent and one domain name. |
Findings of Fact: The Complainant asserts ownership in a mark INFOBAE as well as ownership of a domain name <infobae.com>. Complainant states its mark and domain name are being attacked by AI robots that are stealing Complainant's content and replicating it on the resolving website of the disputed domain name. Complainant accuses Respondent of creating a fake website that jeopardizes Complainant's business as the "#1 online news source worldwide." |
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 Respondent The Complaint provides insufficient information regarding the elements of URS 1.2.6.1. There is no support provided to specify what mark is being relied on relative to the list of marks provided in the trademark information, nor any date(s) of validity for the mark, or proof of Complainant's alleged ownership of the mark. The Complaint does not specifically address URS 1.2.6.1. at all. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Respondent The Complaint fails to specifically address URS 1.2.6.2 at all.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Respondent The Complaint does not specifically provide any support to address URS 1.2.6.3. The only portion of the Complaint that specifically addresses ANY portion of the URS is quoted in full below; "1. [if URS] The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as: [if .usRS] The domain name(s) was/were registered or are being used in bad faith [.usRS 1.2.6.3] such as: Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor" 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:
There was no answer filed by the Respondent in this case alleging any assertions of abuse or material falsehood. The Complaint was uncontested and there was nothing from its face that indicated an abuse of the URS process.
DETERMINATION
After reviewing the parties submissions, the Examiner determines that the Complainant
has NOT 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 returned to
the control of Respondent:
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Darryl C. Wilson Examiner
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