Sharkrace v. REDACTED PRIVACY
Claim Number: FA2205001994807
Complainant: Sharkrace of St.Petersburg, Zelenogorsk, Unknown, Russia.
Complainant Representative:
Complainant Representative: Epik Holdings, Inc. of Sammamish, Washington, United States of America.
Respondent: Not disclosed Not disclosed of Not disclosed, Not disclosed, International, Netherlands.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
Registrars: TLD Registrar Solutions Ltd.
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.
Hector Ariel Manoff, as Examiner.
Complainant submitted: May 3, 2022
Commencement: May 6, 2022
Default Date: May 23, 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") .
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 that a domain name should be suspended.
Sharkrace (“Complainant”) states that he has common law trademark rights in the distinctive name "Sharkrace Club", upon using the mark in commerce, since approximately January 2022.
Complainant also states that he owned the disputed domain name until
approximately March 22, 2022, when a hacker gained unauthorized access to
the complainant's GoDaddy account. Nevertheless, Complainant did not provided evidence showing that he has owned the disputed domain name <sharkrace.club>.
Complainant relies upon a still pending Trademark Application, which does not constitute a valid national or regional word mark registration. Moreover, Complainant did not file evidence regarding common law trademark rights in the name SHARKRACE. Complainant has not provided enough evidence to satisfy with URS 1.2.6.1.
Furthermore, according to the Verification-Registry document, the disputed domain name was registered on October 29, 2021. On the other hand, Complainant filed his application on March 24, 2022, mentioning a basic application filed on December 29, 2021.
After reviewing the Complainant’s submissions, since the domain name was registered before Complainant’s Trademark application and taking into account that Complainant did not file evidence proving that he was the original owner of the disputed domain name, the Examiner determines that the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be RETURNED to the control of Respondent.
<sharkrace.club>
Hector Ariel Manoff, Examiner
Dated: May 26, 2022
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