URS DEFAULT DETERMINATION
T-Mobile USA, Inc. v. Privacy service provided by Withheld for Privacy ehf
Claim Number: FA2107001955381
DOMAIN NAME
<metropcs-tech.support>
PARTIES
Complainant: T-Mobile USA, Inc. of Bellevue, WA, United States of America | |
Complainant Representative: Richard Law Group, Inc.
Molly Buck Richard of Dallas, TX, United States of America
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Respondent: Withheld for Privacy Purposes / Privacy service provided by Withheld for Privacy ehf FOR of Reykjavik Capital Region, Capital Region, IS | |
REGISTRIES and REGISTRARS
Registries: Binky Moon, 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. | |
Richard W. Hill, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: July 15, 2021 | |
Commencement: July 16, 2021 | |
Default Date: August 2, 2021 | |
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 Complainant offers telecommunications services and related goods and services under the mark METROPCS, registered in 2004. The disputed domain name was registered in 2021. Adding generic or descriptive words to registered marks does not negate confusing similarity, and adding the name of a service associated with a registered mark only compounds the likelihood of confusion. See American Express v. MustNeed.com, FA0404000257901 (FORUM June 7, 2004) and Caterpillar Inc. v. personal, D2010-2190 (WIPO Feb 8, 2011). The TLD is disregarded for purposes of this analysis. See Dell v. Protection of Private Person, FA1606001681432 (FORUM Aug. 1, 2016). [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Registrant is not commonly known as METROPCS or any variation thereof. Registrant has no relationship with Complainant. Complainant has not authorized Registrant to use Complainant’s METROPCS trademark. The resolving website depicts the same header as Complainant’s MetroPCS Edge site and is identical in every respect, other than the removal of the mark T-MOBILE from the site. It is the identical color as the legitimate site and requests users log in information, just like the authentic site. This is not indicative of rights or legitimate interests. See Kensho Technologies, LLC v. REDACTED FOR PRIVACY et al. FA1906001846341 (FORUM July 9, 2019) (“The resolving website shows a member login page intended to phish for information from Complainant's customers. As Respondent is not known by the disputed domain name; not authorized by Complainant to use Complainant's mark; nor using the disputed domain name in connection with a bona fide offering of goods and services, the Examiner finds that Respondent has no rights or legitimate interests in the disputed domain name.â€)
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The resolving website causes initial interest confusion and is likely used to phish for information from Complainant’s customers. This constitutes bad faith registration and use. See Kensho Technologies, LLC v. REDACTED FOR PRIVACY et al. FA1906001846341 (FORUM July 9, 2019) (“The resolving website displays Complainant's mark and logo and requests user login information. Thus the resolving webpage is intended to look and feel like an official website of Complainant, intended to impersonate Complainant and to attract and mislead Complainant's customers to obtain their member login information. This appears to be a phishing attempt.â€) 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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Richard W. Hill Examiner
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