URS FINAL DETERMINATION


Koziol - ideas for friends GmbH v. Morrison 303 Projest LTD et al.
Claim Number: FA1507001627774


DOMAIN NAME

<koziol.design>


PARTIES


   Complainant: Koziol - ideas for friends GmbH of Erbach / Odenwald, Germany
  
Complainant Representative: Busse & Partner Aliki Busse of München, Germany

   Respondent: Morrison 303 Project Ltd. Jaroslaw Kawarski of London, United Kingdom
  

REGISTRIES and REGISTRARS


   Registries: Top Level Design, LLC
   Registrars: Go Daddy, 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.
   Dawn Osborne, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 8, 2015
   Commencement: July 8, 2015
   Response Date: July 21, 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: [OptionalComment]

  

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(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 


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

Determined: Finding for Complainant 


The screen shot of the site made it appear that the site at kozial.design was the official site of the Complainant when it was not. Use of a Domain Name for this purpose is not use in relation to a bona fide provision of goods and services.


[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 screenshot of the site at the Domain Name made it appear that the site at kozial.design was the official site of the Complainant when it was not. By arranging this the Respondent has intentionally attempted to attract Internet users to his site by creating a likelihood of confusion with the Complainant's mark for commercial purposes.


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.

Respondent has alleged that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. 

The Examiner finds as follows:


  1. 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:

  1. koziol.design

 


Dawn Osborne
Examiner
Dated: July 22, 2015

 

 

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