RTIC Outdoors, LLC v. Super Privacy Service LTD c/o Dynadot of San Mateo, California
Claim Number: FA2107001957039
Complainant: RTIC Outdoors, LLC of Houston, Texas, United States of America.
Complainant Representative: Fish & Richardson P.C. of Minneapolis, Minnesota, United States of America.
Respondent: Super Privacy Service LTD c/o Dynadot of San Mateo, California, US.
Respondent Representative: None appearing
REGISTRY and REGISTRAR
Registry: GMO Registry, Inc.
Registrar: Dynadot, LLC
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Charles A. Kuechenmeister, Examiner.
Complainant submitted: July 28, 2021
Commencement: July 29, 2021
Default Date: August 13, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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 suspending a domain name:
· the registered domain name is 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 currently in effect and that was in effect at the time the URS Complaint was filed; and
· Registrant has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows:
There is no genuine issue of any material fact.
The RTIC mark was registered to RTIC IP, LLC with the United States Patent and Trademark Office (USPTO) (Registration No. 5,155,866) on March 7, 2017 (USPTO Registration Certificate submitted with Complaint) and was subsequently assigned to Complainant. Complainant is currently using that mark in connection with its business operations (Proof of Use screenshots submitted with Complaint). Complainant thus holds a valid national registration of its mark, and the mark is in current use. Further, the domain name is confusingly similar to Complainant’s mark.
The registrar lists the Registrant as “Contact Privacy Service LTD / c/o Dynadot of San Mateo, California, US.” None of these names bears any resemblance to the domain name, and there is no evidence that the Registrant has been commonly known by the domain name. The Complainant states that Registrant is not affiliated with it and that Complainant has not authorized Registrant to use its RTIC mark. Further, the URS Site Screenshots submitted with the Complaint are screenshots of the web site resolving from the domain name. The site purports to offer Complainant’s goods at retail and mimics the style and appearance of Complainant’s web site. This use does not confer any right or legitimate interest upon the Respondent. The Registrant has no legitimate right or interest to the domain name.
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 that the following domain name be SUSPENDED for the duration of its registration.
rticusa.shop
Charles A. Kuechenmeister, Examiner
Dated: August 13, 2021
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