URS DEFAULT DETERMINATION

CODESYS Development GmbH v. Private by Design, LLC

Claim Number: FA2205001996175

DOMAIN NAME

<codesys.org>

PARTIES

Complainant: CODESYS Development GmbH of Kempten, Germany.

Complainant Representative: VKK Patentanwälte of Kempten, Germany.

Respondent: Whois Privacy / Private by Design, LLC of Sanford, North Carolina, US.

REGISTRIES and REGISTRARS

Registry: Public Interest Registry

Registrar: Porkbun LLC

EXAMINER

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.

Alan L. Limbury, as Examiner.

PROCEDURAL HISTORY

Complainant submitted: May 13, 2022

Commencement: May 16, 2022

Default Date: June 1, 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

Even though 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 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 in effect at the time the    URS complaint is filed.

Determined: Finding for Complainant

Complainant has shown that it has rights in the registered trademark CoDeSys, which is in current use. Registrant's domain name, registered on March 30, 2022, is confusingly similar to Complainant's mark.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Registrant is not known by the domain name and is not making bona fide use of it, since it resolves to a website offering the domain name for sale for US$1,988.00.

[URS 1.2.6.3] The domain name was 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

Because Complainant’s mark was registered with the Trademark Clearinghouse, Registrant would clearly have been aware of Complainant's mark when registering the domain name and did so in bad faith for the purpose of selling the domain name registration to Complainant or to a competitor of Complainant for valuable consideration in excess of documented out-of-pocket costs directly related to the domain name.

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:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

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 the following domain name be SUSPENDED for the duration of the registration: <codesys.org>.

Alan L. Limbury, Examiner

Dated: June 02, 2022