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:
  (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 in effect at the time the URS complaint is filed.

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.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web site or location or of a product or service on that web site or location.

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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. inboxdollars.xyz
  2. inboxdollarsar.xyz
  3. inboxdollarscw.xyz
  4. inboxdollarsdl.xyz
  5. inboxdollarsas.xyz
  6. inboxdollarsdv.xyz
  7. inboxdollarsea.xyz
  8. inboxdollarsgh.xyz
  9. inboxdollarshy.xyz
  10. inboxdollarskh.xyz
  11. inboxdollarsmd.xyz
  12. inboxdollarsnt.xyz
  13. inboxdollarspn.xyz
  14. inboxdollarsps.xyz
  15. inboxdollarsqq.xyz
  16. inboxdollarsqr.xyz
  17. inboxdollarsup.xyz
  18. inboxdollarsyv.xyz
  19. inboxdollarszq.xyz

 

Vali Sakellarides
Examiner
Dated: May 10, 2022

 

 

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