eBay Inc v. Yoyo.Email et al.
Claim Number: FA1409001581264
Complainant: eBay Inc of San Jose, California, United States of America.
Complainant Representative: Hogan Lovells (Paris) LLP of Paris, France.
Respondent: yoyo.email of Dunsatble, International, GB.
Yoyo.Email of G20 Traverse City, Michigan, US.
REGISTRIES and REGISTRARS
Registries: Spring Madison, LLC
Registrars: GoDaddy.com, LLC
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.
Ms. Marie Emmanuelle Haas, as Examiner.
Complainant submitted: September 24, 2014
Commencement: September 24, 2014
Response Date: September 25, 2014
Having reviewed the communications records, the Examiner finds that the National Arbitration 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.
Complainant produced evidence of the trademark rights on the EBAY famous trademarks.
Respondent alleges to be able to register domain names composed with third parties’ trademarks, in order to build an email service.
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 is identical or confusingly similar to a word mark:
- for which the Complainant holds a valid national or regional registration and that is in current use
URS paragraph 1.2.6.2: Registrant has no legitimate right or interest to the domain name, which is composed with the famous EBAY trademark. He has not made any demonstrable preparations to use the domain name in relation with a bona fide offering of goods or services. He is not commonly known under the domain name at issue and does not make any fair and noncommercial use of that domain name.
Registrant cannot seriously pretend that he can use third parties ‘trademarks to create domain names under .EMAIL, alleging that his business model that consists of offering an email directory is legitimate.
URS paragraph 1.2.6.3: Given the strength and worldwide fame of the EBAY Trademark, Respondent cannot have ignored the Complainant’s rights when registering the domain name at issue.
Circumstance 1.2.6.3(b) is satisfied, namely that the Respondent has engaged in a pattern of registering .EMAIL domain names consisting of well-known brands, including <sofitel.email>, <theguardian.email>, <washingtonpost.email>, <victoriassecret.com>, and <virginatlantic.email>.
It is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark (see Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003)
Therefore the Examiner finds that Respondent registered and used the domain name at issue in bad faith.
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 names be SUSPENDED for the duration of the registration.
<ebaysupport.email>
Ms. Marie Emmanuelle Haas, Examiner
Dated: September 29, 2014
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