Miss Universe L.P., LLLP v. Eli Newman
Claim Number: FA1412001593173
Complainant: Miss Universe L.P., LLLP of New York, New York, United States of America.
Complainant Representative:
Complainant Representative: Kelley Drye & Warren LLP of New York, New York, United States of America.
Respondent: Eli Newman of Brisbane, Queensland, International, AU.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Uniregistry, Corp.
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.
Honorable John A. Bender Honorable, as Examiner.
Complainant submitted: December 4, 2014
Commencement: January 29, 2015
Default Date: February 3, 2015
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.
[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.
Complainant Miss Universe L.P., LLLP (“Miss Universe”) and its predecessors in interest have used the MISS UNIVERSE mark in the United States and throughout the world in connection with the promotion and production of an annual international beauty pageant where women from over 80 countries compete for the title MISS UNIVERSE. Miss Universe is the owner of all right, title and interest in and to the well-known and incontestable MISS UNIVERSE marks duly registered in the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 1,597,876) (the “Marks”) Miss Universe currently uses the Marks in commerce throughout the United States.. The MISS UNIVERSE mark is well known throughout the world because of the excellence of Complainant’s goods and services, and its long standing use, extensive promotion, advertising and unsolicited publicity relating to its MISS UNIVERSE mark and related goods and services. Complainant’s MISS UNIVERSE mark has acquired secondary meaning and is famous as a matter of law.
Respondent registered the Disputed Domain name on November 25, 2014 despite receiving notification that the domain name matched a mark registered with the Trademark Clearinghouse. The Respondent was required to have clicked on the Registrar notice Acknowledgment Claim when presented with the Trademark Claims Notice to complete registration of the name. I find that at the time of registration of the Disputed Domain Name, Respondent was aware of Complainant’s trademarks. The Disputed Domain Name <MISSUNIVERSE.DIET> is almost identical to the above cited trademarks, consisting in whole of the words “MISS UNIVERSE”. The Respondent is not affiliated with the Complainant in any way. Respondent’s use of the mark has not been authorized. Use of the Disputed Domain Name is likely to result in consumer confusion. Respondent has no rights or legitimate interest in the Disputed Domain Name.
The Disputed Domain Name has been registered and Respondent is using Complainant’s Marks because they have a strong reputation and are widely known and well recognized in the United States and throughout the world. Respondent was aware of Complainant’s rights in the Marks when registering the Disputed Domain Name. By registering that domain name, Respondent sought to convert Complainant’s Marks, to Respondent’s use and control. Based on the foregoing, Respondent registered and is using the Disputed Domain Name in bad faith and primarily for the purpose of usurping Complainant’s business.
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.
missuniverse.diet
Honorable John A. Bender, Examiner
Dated: February 03, 2015
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