URS FINAL DETERMINATION
ULIONA LIMITED v. Privacy service provided by Withheld for Privacy ehf et al.
Claim Number: FA2204001993365
DOMAIN NAME
<savefrom.link>
PARTIES
Complainant: ULIONA LIMITED of Victoria, --, Seychelles | |
Complainant Representative: Nadezhda Minakova of Alexandria, VA, United States of America
|
Respondent: Ettouil Oualid / Apk4play of Kenitra, State State, II, Morocco | |
REGISTRIES and REGISTRARS
Registries: UNR Corp. | |
Registrars: NAMECHEAP |
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 22, 2022 | |
Commencement: April 25, 2022 | |
Response 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 Registered Trademark “SAVEFROM†(Reg. #4931103) (“SaveFrom Markâ€), which was registered on April 5, 2016. Complainant submitted a copy of the trademark. Respondent has purchased the contested domain name and uses it to provide identical and/or confusingly similar products to that of the Complainant. Complainant asserts that its domain Savefrom.net is a well-known and regarded service provider of tools that provide users the ability to download videos for personal use under the SaveFrom Mark. Complainant submitted proof of use of its domain name and trademark and a copy of the Respondent’s website showing use of the contested domain name for similar products. Complainant asserts it has spent years, countless efforts, and money in building its good reputation among consumers which the Respondent is currently trying to fraudulently assume. Complainant has not granted the Respondent any rights to use to the SaveFrom Mark, or derivatives therefrom. Complainant has been using the SaveFrom Mark and the Complainant's domain, savefrom.net, since March 12, 2008, which is well before the Respondent's purchase of the domain on July 14, 2021. |
URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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. Respondent has alleged 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
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page