URS DEFAULT DETERMINATION

Wolverine World Wide, Inc. v. See PrivacyGuardian.org
Claim Number: FA1910001869047

DOMAIN NAME

<sauconynegozio.online>

PARTIES

	Complainant: Wolverine World Wide, Inc. of Rockford, MI, United States of America
	Complainant Representative: Warner Norcross + Judd LLP Amber M Underhill of Grand Rapids, MI, United States of America

	Respondent: See PrivacyGuardian.org See PrivacyGuardian.org of Phoenix, AZ, US

REGISTRIES and REGISTRARS

	Registries: DotOnline Inc.
	Registrars: NameSilo, 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.
	Alan L. Limbury, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 30, 2019
	Commencement: October 31, 2019
	Default Date: November 15, 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: In more than 70 countries Complainant produces and, through authorised distributors, distributes footwear under the brand SAUCONY, which was initiated in 1898. It is the ultimate parent of Saucony Inc., which registered with the USPTO, in relation inter alia to footwear, the word and design mark SAUCONY, No. 3,824,276 on July 27 2010 and the word mark SAUCONY, No. 2,964,276 on July 5, 2005. Complainant promotes its products through the website at www.saucony.com. The domain name was registered on October 10, 2019. It resolves to a website displaying both the SAUCONY word mark and the word and design mark SAUCONY at the top of the homepage, which makes reference to and appears to sell footwear.

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:
  (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

The domain name comprises the SAUCONY word mark, followed by the generic term ï¿½negozio,ï¿½ (meaning ï¿½shopï¿½ or ï¿½storeï¿½ in Italian), and the gTLD ï¿½.onlineï¿½, which do nothing to distinguish the domain name from Complainantï¿½s mark. Accordingly the Panel finds the domain name to be confusingly similar to Complainant's mark under URS 1.2.6.1 (i).

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

It appears from the Whois data that Respondent is not known by the domain name. Complainant asserts that Respondent is not a subsidiary or affiliate of Complainant nor an authorised distributor of its SAUCONY products. The Panel finds that the SAUCONY mark is distinctive and widely known. The Complainantï¿½s assertions are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of the Respondent. The evidentiary burden therefore shifts to the Respondent to show that it does have rights or legitimate interests in the domain name. The Respondent has made no attempt to do so. In the circumstances of this case, the Panel finds that the Respondent has no rights or legitimate interests in respect of the domain name.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  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.

Determined: Finding for Complainant

The domain name is clearly targeting consumers of, and those interested in, Complainantï¿½s products and will clearly lead to confusion that Respondent is Complainant or a subsidiary or affiliate of Complainant, when it is not. Respondentï¿½s website creates a false association between Respondent and Complainant. The Panel finds that the domain name was registered and is being used in bad faith pursuant to URS 1.2.6.3 c and d.

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:

The Complaint was neither abusive nor contained material falsehoods.

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:

sauconynegozio.online

Alan L. Limbury
Examiner
Dated: November 19, 2019

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