URS DEFAULT DETERMINATION
InboxDollars, LLC v. See PrivacyGuardian.org et al.
Claim Number: FA2204001993006
DOMAIN NAME
<inboxdollars.xyz>
<inboxdollarsar.xyz>
<inboxdollarscw.xyz>
<inboxdollarsdl.xyz>
<inboxdollarsas.xyz>
<inboxdollarsdv.xyz>
<inboxdollarsea.xyz>
<inboxdollarsgh.xyz>
<inboxdollarshy.xyz>
<inboxdollarskh.xyz>
<inboxdollarsmd.xyz>
<inboxdollarsnt.xyz>
<inboxdollarspn.xyz>
<inboxdollarsps.xyz>
<inboxdollarsqq.xyz>
<inboxdollarsqr.xyz>
<inboxdollarsup.xyz>
<inboxdollarsyv.xyz>
<inboxdollarszq.xyz>
PARTIES
Complainant: InboxDollars, LLC of El Segundo, CA, United States of America | |
Complainant Representative: Cooley LLP
Marcus Peterson of Santa Monica, CA, United States of America
|
Respondent: See PrivacyGuardian.org Domain Administrator of Phoenix, AZ, US | |
REGISTRIES and REGISTRARS
Registries: XYZ.COM 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. | |
Vali Sakellarides, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: April 19, 2022 | |
Commencement: April 21, 2022 | |
Default Date: May 6, 2022 | |
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 is the owner of the registered INBOXDOLLARS trademark (Reg. No. 3382014). Complainant provided copy of the mark and its renewal. It offers services through the website www.inboxdollars.com. The website offers consumers the opportunity to earn rewards for activities such as online shopping, watching videos, or participating in research surveys. Complainant submitted copy of its website showing use of its INBOXDOLLARS trademark, which complainant asserts it has been in use since a least as early as June 2000, and Complainant's use of the mark is incontestable under the federal Lanham Act. Registrant has registered a variety of domain names, each of which adds two random letters to "inboxdollars" and uses the .xyz gTLD. Registrant has registered all of them without Complainant's permission. As far as Complainant is aware, Registrant has no valid claim of rights to the INBOXDOLLARS trademark, and it is not using the domains in an effort to offer goods or services under the INBOXDOLLARS trademark. Most of the domains currently resolve to a 522 Error page, as shown by the Complainant and though a few currently show a website called "Social" that appears to offer the same services as Complainant's services. Complainant asserts that on information and belief, they are scam websites and the Registrant does not truly offer any services. Reviews of the websites show consumers referring to them as "scams." Complainant believes the Registrant will begin or resume hosting content on the remaining domains soon, and doing so will only harm Complainant. Indeed, three of the domains have already received poor ratings on the Trustpilot.com website that are far below the average rating for Complainant's actual website. Accordingly, Registrant has already, and will continue to, divert consumers from Complainant's legitimate swagbucks.com website to its improper domain names, to the detriment of Complainant. Finally, one of the domain names (inboxdollars.xyz) hosts no content and is currently listed for sale. |
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 [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant 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:
|
Vali Sakellarides Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page