URS DEFAULT DETERMINATION
Skechers U.S.A., Inc. II v. REDACTED FOR PRIVACY et al.
Claim Number: FA1907001852981
DOMAIN NAME
<skechers.blog>
PARTIES
Complainant: Skechers U.S.A., Inc. II of Los Angeles, CA, United States of America | |
Complainant Representative: KLEINBERG & LERNER, LLP
Marshall A. Lerner of Los Angeles, USA
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Respondent: Whois Privacy FOR of NC, US | |
REGISTRIES and REGISTRARS
Registries: Knock Knock WHOIS There, LLC | |
Registrars: Porkbun 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. | |
Kendall C. Reed, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: July 19, 2019 | |
Commencement: July 22, 2019 | |
Default Date: August 6, 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"). |
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
Findings of Fact: 1) Complainant is the owner of a USPTO trademark registration for the mark SKECHERS (�Complainant�s Mark�); 2) Complainant�s Mark has been in use since 1993; 3) the Complainant is currently using Complainant�s Mark in commerce; and 4) Complainant�s Mark is widely known throughout the world and is distinctive. Further, the domain name in question, <skechers.blog> (the �Disputed Domain Name�), directs to an otherwise inert internet holding page. |
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 Disputed Domain Name is identical to Complainant�s Mark except for the addition of the Top-Level Domain �.blog�. The addition of this Top-Level Domain is insufficient to create a meaningful distinction for purposes of the URS, and as such the Disputed Domain Name is confusingly similar to the Complainant�s Mark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent�s registration and use of the Disputed Domain Name are in bad faith. The examiner finds that it is bad faith under URS Procedure ¶ 1.2.6.3 for the Respondent to register and use the Disputed Domain Name to direct it to an otherwise inert holding page given that: 1) the Disputed Domain Name is confusingly similar to the Complainant�s Mark; 2) the Complainant�s Mark is widely known and distinctive, and 3) there can be no reasonably conceivable use of the Dispute Domain Name by the Respondent that would be in good faith.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent�s registration and use of the Disputed Domain Name are in bad faith. The examiner finds that it is bad faith under URS Procedure ¶ 1.2.6.3 for the Respondent to register and use the Disputed Domain Name to direct to an otherwise inert holding page given that: 1) the Disputed Domain Name is identical to the Complainant�s Mark; 2) the Complainant�s Mark is widely known and distinctive, and 3) there can be no reasonably conceivable use of the Dispute Domain Name by the Respondent that would be in good faith. 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:
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Kendall C. Reed Examiner
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