lululemon athletica canada inc. v. Domain Administrator

URS DEFAULT DETERMINATION

lululemon athletica canada inc. v. Domain Administrator
Claim Number: FA1505001621406

DOMAIN NAME

<lululemon.sale>

PARTIES

	Complainant: lululemon athletica canada inc. of Vancouver, BC, Canada
	Complainant Representative: DLA Piper LLP (US) David M. Kramer of Washington, DC, United States of America

	Respondent: Domain Administrator of Victoria, BC, CA

REGISTRIES and REGISTRARS

	Registries: SALE Registry
	Registrars: Wild West Domains, LLC

EXAMINER

	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.
	David L. Kreider Esq,, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: May 27, 2015
	Commencement: June 3, 2015
	Default Date: June 18, 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").

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW

Clear and convincing evidence.

FINDINGS and DISCUSSION

Findings of Fact: Complainant alleges that it owns the trademarks, service marks, trade dress and trade names related to the “lululemon athletica” fitness and yoga apparel businesses, including the LULULEMON, LULULEMON ATHLETICA marks, as well as other LULULEMON formative trademarks (collectively, the “lululemon Marks”). The lululemon brand is well known throughout the United States and the rest of the world as a retailer of high-quality, premium yoga apparel and related goods and services. Since as early as 1998, lululemon has prominently used the lululemon Marks in connection with lululemon’s yoga and athletic goods and its related retail store services. The lululemon Marks have become well and favorably known throughout the United States and other countries internationally.

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(s) is/are 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

The Complainant alleges, and this Examiner finds, that the Complainant has established worldwide rights in its well-known names and marks LULULEMON and LULULEMON ATHLETICA. The domain name <lululemon.sale> (the “Domain Name”) is confusingly similar to and wholly incorporates the LULULEMON mark.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

The Complainant alleges, and this Examiner finds, that the Complainant has no business relationship whatsoever with Respondent. The Complainant has not licensed or otherwise permitted Respondent to use the lululemon Marks or to apply for any Domain Name incorporating the lululemon Marks. Moreover, because Complainant owns exclusive rights in the lululemon Marks, and has numerous United States federal and international registrations therefor, Respondent cannot establish legitimate rights in the Domain Name. The Respondent has defaulted and has filed no response in these proceedings.

[URS 1.2.6.3] The domain name(s) was/were 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

The Respondent is attempting to sell the Domain Name for at least US$12,500, which is well in excess of the documented out-of pocket costs related to the Domain Name. The Examiner finds that, by creating confusion through its registration and use of a domain name wholly comprised of the LULULEMON mark and confusingly similar to the LULULEMON ATHLETICA mark, Respondent is attempting to disrupt the business of a competitor, which is evidence of Respondent's bad faith registration and use of the Domain Name.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

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 name(s) be SUSPENDED for the duration of the registration:

lululemon.sale

David L. Kreider Esq,
Examiner
Dated: June 18, 2015

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