Netflix, Inc. v. Aidan Power
Claim Number: FA1411001590151
Complainant: Netflix, Inc. of Los Gatos, California, United States of America.
Complainant Representative:
Complainant Representative: Holland & Hart LLP of Denver, Colorado, United States of America.
Respondent: Aidan Power of Kilarney, Co. Dublin, International, IE.
Respondent Representative: /
REGISTRIES and REGISTRARS
Registries: United TLD Holdco Ltd.
Registrars: Blacknight Internet 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.
Bart Van Besien, as Examiner.
Complainant submitted: November 19, 2014
Commencement: December 3, 2014
Default Date: December 18, 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.
Findings of fact: Complainant is the owner of various trademarks containing or comprising the word “Netflix” and has effectively used these in connection with streaming services. Complainant has provided evidence of the following US trademarks “Netflix” (2,552,950; 3,194,832; 3,299,362; and 4,236,137). Complainant has provided evidence of effective use of its “Netflix” trademark(s) in the US.
The domain name is currently linked to an inactive website (parked domain mentioning “This webpage is not available”).
The Respondent did not file a response.
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.
[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
URS 1.2.6.1 (i) covers the domain name at issue in this case. The domain name consists of the Complainant’s trademark paired with the generic toplevel domain “.social”.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Respondent did not file a response and did not provide evidence of legitimate rights or interests in the domain name. There is no evidence of any rights or legitimate interests of the Respondent in the disputed domain name. There is no evidence of any similar or identical trademarks owned by the Respondent. There is no indication of any authorization to use the Complainant’s trademark. There is no indication that the Respondent is otherwise related to the Complainant’s business. There is no evidence of the Respondent being commonly known as “Netflix” prior to the registration of the disputed domain name. The domain name is currently parked (no bona fide offering of goods or services or for a legitimate or noncommercial or fair use).
[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
URS 1.2.6.3 (c) and (d) are applicable here. The Complainant has actively used its trademarks and registered the trademarks with the Clearinghouse before Respondent’s registration of the domain name, so Respondent should have received notice of Complainant’s rights at the time of registration.
There is no evidence of use by Respondent (or demonstrable preparations to use) of the domain name or a name corresponding to it in connection with a bona fide offering of goods (the domain name is a parked domain name). There is no evidence that the Respondent is commonly known by the domain name. There is no evidence that the Registrant is making a legitimate or fair use of the domain name.
There are no circumstances known to the Examiner that refute the claim of bad faith registration or bad faith use.
The Examiner finds that the Complaint was neither abusive nor contained material falsehoods. The Examiner finds the Complaint well founded. No Response was submitted.
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 names be SUSPENDED for the duration of the registration.
netflix.social
Bart Van Besien, Examiner
Dated: December 21, 2014
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page