Lidl Stiftung & Co. KG v. et al.
Claim Number: FA2007001905342
Complainant: Lidl Stiftung & Co. KG of Neckarsulm, Germany.
Complainant Representative:
Complainant Representative: HK2 Rechtsanwälte of Berlin, Germany.
Respondent: Ann Millman of NY, Arizona, US.
Respondent Representative: N/A
REGISTRIES and REGISTRARS
Registries: DotSpace Inc.
Registrars: Name.com, Inc.
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.
Eleni Lappa, as Examiner.
Complainant submitted: July 24, 2020
Commencement: July 27, 2020
Default Date: August 11, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant belongs to the LIDL-Group, which operates more than 10.000 stores with over 285.000 employees, in 29 countries. Complainant owns among else:
· US Trademark LIDL No. 4461179 covering classes 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,18,20,21,23,24,25,26,27,28,29,30,31,32,33,34,35,36,39,40,41;
· EU trademark LIDL No. 006460562 covering classes 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,18,20,21,23, 24,25,26,27,28,29,30,31,32,33,34,35,36,39,40,41,42 and
· EU trademark LIDL No. 001778679 covering classes 1,2,3,4,5,7,8,9,11,13,14,16,18,21,23,24,25,26,27,28,29,30,31,32,33,34,35,36,39,41,42
Respondent appears to have no relevant trademark registration nor any authorization from Complainant to use the particular trademark.
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.
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use
2. Registrant has no legitimate right or interest to the domain name [URS/.usRS 1.2.6.2]
3. [if URS] The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as: [if .usRS] The domain name(s) was/were registered or are being used in bad faith [.usRS 1.2.6.3] such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s
webbsite or location or of a product or service on that web site or location.
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 the following domain names be SUSPENDED for the duration of the registration.
Eleni Lappa, Examiner
Dated: August 11, 2020
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