Prodege, LLC v. zhihao qin et al.
Claim Number: FA2206001999774
Complainant: Prodege, LLC of El Segundo, California, United States of America.
Complainant Representative: Daniel Kim of El Segundo, California, United States of America.
Respondent: zhihao qin of Ashburn, Virginia, US.
REGISTRIES and REGISTRARS
Registries: NeuStar
Registrars: NameSilo, LLC
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Examiner in this proceeding.
Terry F. Peppard, as Examiner.
Complainant submitted: June 9, 2022
Commencement: June 13, 2022
Default Date: June 28, 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.
URS Procedure¶1.2.6. requires Complainant to prove, by clear and convincing evidence, each of the following to obtain an order that a contested domain name should be suspended:
1. The registered domain name is identical or confusingly similar to
a mark for which Complainant holds a valid national or regional registration and that it is in current use;
2. Registrant has no right to or legitimate interest in the domain name;
and
3. The same domain name was registered and is being used by
Respondent in bad faith.
Identity or Confusing Similarity
In its Complaint, Complainant shows that it holds a valid registration for the COUPONCAUSE service mark, which is on file with the United States Patent and Trademark Office as Registry No. 6,304,308, registered March 30, 2021, in International Class 035 [promoting the goods and services of others by providing a website featuring discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates, links to the retail websites of others, and shopping-related information, etc.], and that the mark is in current use. Respondent does not dispute any of this.
For its part, the WHOIS record for the contested <couponcause.us> domain name reveals that Respondent registered it on May 31, 2022. Again, Respondent does not deny this.
There is also no dispute that the <couponcause.us> domain name is substantively identical, and, therefore, confusingly similar, to Complainant’s COUPONCAUSE service mark. The domain name differs from the mark only by the addition of the country code Top Level Domain (“TLD”) “.us,” (for United States) which is disregarded for purposes of an analysis of identity or confusing similarity under the URS Procedure because every domain name requires a TLD.
We therefore find that Complainant holds a valid registration for the COUPONCAUSE mark, and that it is in current use, and that Respondent’s <couponcause.us> domain name is both substantively identical and confusingly similar to that mark.
Registrant’s Rights or Interests
There is nothing in the record suggesting that Respondent, whose domain name has been registered for only about thirty days, has become commonly known by that domain name.
Moreover, Complainant asserts that Respondent is not authorized to use Complainant’s COUPONCAUSE mark or to register and use a domain name incorporating its mark, and that Respondent’s use of the domain name is likely to lead to consumer confusion. Complainant also contends that, at the time the domain name was registered, Respondent intended to employ it for fraudulent purposes and that it now does so in an effort to divert Internet users to a website of Respondent, which closely mimics Complainant’s own official website. In the circumstances presented, it may be presumed that Respondent intends to profit illicitly from such diversion.
Because Respondent does not contest any of this, we conclude from the facts presented and their compelling implications that Respondent’s employment of the disputed domain name is neither in connection with a bona fide offering of goods or services nor is it a legitimate noncommercial or fair use. We therefore find that Respondent has neither any rights to nor any legitimate interests in the <couponcause.us> domain name.
BAD FAITH
Under the URS Procedure, essentially the same considerations that make it clear that Respondent has no rights to or legitimate interests in the challenged <couponcause.us> domain name are also pertinent to an analysis of the question whether the domain name has been registered and is being used in bad faith. See URS Procedure¶5.7. Accordingly, a finding of bad faith in the registration and use of the domain name follows directly from the above discussion of the absence of any rights to or legitimate interests accruing to Respondent from the facts presented in the Complaint filed in this proceeding.
To this may be added that the Complaint before us demonstrates that Respondent’s application for registration of the subject domain name was filed under cover of false and misleading contact information, including a non-existent street address, a ZIP code for a state of residence other than that claimed by Respondent, and non-functioning telephone number and e-mail address, which further demonstrates Respondent’s bad faith in registering the domain name.
ABUSE OR MATERIAL FALSEHOOD
We find from a review of the Complaint and supporting submissions that this proceeding was not brought in an abuse of the URS Procedure and that the Complaint does not contain any material falsehoods.
We further find that Complainant has proven all three required elements of the URS Procedure by clear and convincing evidence; and we therefore Order that the domain name <couponcause.us> be SUSPENDED for the duration of its registration.
Terry F. Peppard, Examiner
Dated: July 01, 2022
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