URS DEFAULT DETERMINATION
7 Eleven, Inc. v. See PrivacyGuardian.org et al.
Claim Number: FA1911001870295
DOMAIN NAME
<7eleven-offer.club>
PARTIES
Complainant: 7 Eleven, Inc. of Irving, TX, United States of America | |
Complainant Representative: Tucker Ellis, LLP
David J. Steele of Los Angeles, CA, United States of America
|
Respondent: Privacy Guardian / See PrivacyGuardian.org See PrivacyGuardian.org of Phoenix, AZ, US | |
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC | |
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. | |
Dawn Osborne, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: November 7, 2019 | |
Commencement: November 8, 2019 | |
Default Date: November 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"). |
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: [OptionalComment] |
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 Registered domain name is confusingly similar to a word mark for which the Complainant owns a valid national registration that is in current use. Adding a hyphen, the generic word �offer� and a gTLD does not prevent this confusing similarity. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Impersonating the Complainant cannot give rise to a legitimate right or interest in the registered domain name
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant . By using the registered domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant�s web site 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 and also intended to disrupt the Complainant�s business. 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:
|
Dawn Osborne Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page