URS DEFAULT DETERMINATION
Dr. Seuss Enterprises, L.P. v. Streamlabs
Claim Number: FA1912001875280
DOMAIN NAME
<grinch.live>
PARTIES
Complainant: Dr. Seuss Enterprises, L.P. of San Diego, CA, United States of America | |
Complainant Representative: DLA Piper LLP (US)
Ryan C. Compton of Washington, DC, United States of America
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Respondent: General Workings (Streamlabs) / Streamlabs FOR of San Francisco, CA, US | |
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. | |
Jeffrey M. Samuels, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: December 16, 2019 | |
Commencement: December 17, 2019 | |
Default Date: January 2, 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
Findings of Fact: Complainant owns a number of trademark and service mark registrations around the world for the marks GRINCH and THE GRINCH, including U.S. Trademark Registration Nos. 2328812 and 2784230. The marks have been used since at least as early as 1998, and have become highly distinctive in the minds of the relevant public. The disputed domain name, grinch.live, is used in connection with soliciting donations for an individual's Twitch channel, called "grinchy." |
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 domain name is confusingly similar to the Complainant's GRINCH and THE GRINCH marks. The domain name incorporates the mark GRINCH in full, adding only the non-distinctive term "live." The evidence further establishes that Complainant owns national rights in the marks and that such marks are currently in use. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent has no legitimate right or interest to the domain name. Complainant asserts that it has no business relationship with Respondent and has not licensed or otherwise permitted Respondent to use the GRINCH marks or to apply for any domain name incorporating the marks. There is no evidence that Respondent is commonly known by the domain name or that it is making a legitimate noncommercial or fair use of Complainant's marks.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent registered and is using the domain name in bad faith. As noted above, the disputed domain name is confusingly similar to the GRINCH marks, which marks are widely known throughout the U.S. and around the world, and the domain name is used to solicit donations. In view thereof, it is determined that, by using the domain name, Respondent has intentionally attempted to attract for commercial gain Internet users to Registrant's web site by creating a likelihood of confusion with Complainant's marks as to the source, sponsorship, affiliation or endorsement of such site. 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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Jeffrey M. Samuels Examiner
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