Skechers U.S.A., Inc. II v. WILLIAMS joel
Claim Number: FA1504001614750
Complainant: Skechers U.S.A., Inc. II of Manhattan Beach, California, United States of America.
Complainant Representative: Kleinberg & Lerner, LLP of Los Angeles, California, United States of America.
Respondent: WILLIAMS joel of CENTREVILLE, United States of America.
REGISTRIES and REGISTRARS
Registry: dot Science Limited
Registrar: Nameshield SAS
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.
Complainant submitted: April 16, 2015
Commencement: April 17, 2015
Default Date: May 4, 2015
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.
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 Complainant holds a valid national or
regional registration 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.
Complainant sells footwear products around the world. It is the proprietor inter alia of valid United States registered trademark SKX, No. 2,542,311, registered on February 26, 2002 for footwear and shoes in International Class 25. The mark is in current use and is registered with the Trademark Clearing House.
The domain name is identical to Complainant’s SKX mark, since the gTLD .science may be ignored.
Complainant has established this element.
[URS 1.2.6.2] Registrant has no rights to or legitimate interest in the domain name.
Complainant says there is no evidence that Respondent holds any
legitimate interest in the trademark SKX; that Respondent is not licensed or authorized by Complainant to use the SKX trademark; and that the domain name currently resolves to a parking page where no information is displayed.
In the absence of any Response, the Examiner finds that Complainant has shown, prima facie, that Respondent has no rights to or legitimate interests in the domain name.
Complainant has established this element.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith, such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online
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.
As the SKX trademark has been submitted to and verified by Trademark Clearing House, Respondent must have received a warning from the Trademark Clearing House indicating that the SKX trademark belongs to Complainant. Despite this warning, Respondent chose to continue with the registration of the <skx.science> domain name, thereby creating a likelihood of confusion with Complainant’s SKX mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website.
Complainant has established this element.
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:
<skx.science>
Alan L. Limbury, Examiner
Dated: May 04, 2015
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page