E. REMY MARTIN & C° v. BIG PRINTS INDIA
Claim Number: FA1907001851400
Complainant: E. REMY MARTIN & C° of Cognac, France.
Complainant Representative:
Complainant Representative: Nameshield of Angers, France.
Respondent: Bhagwan Singh / BIG PRINTS INDIA of MUMBAI Maharashtra, IN.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: GoDaddy.com, LLC
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.
Kendall C. Reed, as Examiner.
Complainant submitted: July 10, 2019
Commencement: July 10, 2019
Default Date: July 25, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The Examiner makes the following findings of fact:
1. The Complainant is the owner of at least one national trademark registration for the mark REMY MARTIN (“Complainant’s Mark”).
2. The Complainant is currently using the Complainant’s Mark in a manner required by the URS.
3. The Respondent is the registrant of the domain name <rémymartin.foundation> (the “Disputed Domain Name”).
4. The Respondent’s name is Big Prints India.
5. The Disputed Domain Name currently directs to a parking page on the GoDaddy website.
The Disputed Domain Name is confusingly similar to the Complainant’s Mark. The Disputed Domain Name differs from the Complainant’s Mark in two respects. First, the character “é” is used in the Disputed Domain Name in pace of the character “E” in the Complainant’s Mark, REMY MARTIN, and second, the gTLD “.foundation” is appended to the Disputed Domain Name, which does not appear in Complainant’s Mark. Neither of these differences creates a meaningful distinction for purposes of the URS Procedure.
The Respondent does not have rights or interests in the Disputed Domain Name. The Respondent’s Name is not Rémy Martin; it is Big Prints India. Also, the Complainant has not extended authority to the Respondent to use the Complaint’s Mark. Further, the Respondent is using the Disputed Domain Name to direct to a GoDaddy parking page, and this use does not constitute a bona fide offering of goods or services or a legitimate non-commercial or fair use for purpose of the URS Procedure.
The Respondent registered and is using the Disputed Domain Name in bad faith pursuant to URS Procedure ¶ 1.2.6.3.(d). The Disputed Domain Name directs to a GoDaddy parking page, which constitutes use. The Examiners notes that such a parking page is an on-line location created by GoDaddy at the request of and specifically for the user of GoDaddy’s parking service, here the Respondent. The Examiner further notes that the primary purpose of a GoDaddy parking page is to generate click-through revenues for the registrant, here again the Respondent, which constitutes commercial gain. As noted above, the Disputed Domain Name is confusingly similar to the Complainant’s Mark, thereby creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the involved GoDaddy parking page. The Respondent’s conduct in this regard has been intentional with respect to achieving this confusion.
The Respondent’s registration of the Disputed Domain Name was also intentional with respect to achieving this confusion. The Disputed Domain Name is distinctive and widely known throughout the world. The Respondent’s selection of the Disputed Domain Name could not have been other than intentional.
After reviewing the Complainant’s 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 that the
Kendall C. Reed, Examiner
Dated: July 29, 2019
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