URS FINAL DETERMINATION


Canon Kabushiki Kaisha v. North Sound Names et al.
Claim Number: FA1507001628473


DOMAIN NAME

<eos.blackfriday>


PARTIES


   Complainant: Canon Kabushiki Kaisha of Tokyo, Japan
  
Complainant Representative: William J Seiter of Santa Monica, CA, United States of America

   Respondent: North Sound Names of Grand Cayman, Cayman Islands
  
Respondent Representative: John Berryhill of Ridley Park, PA, United States of America

REGISTRIES and REGISTRARS


   Registries: Uniregistry, Corp.
   Registrars: Uniregistrar Corp

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.
   Fernando Triana, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 13, 2015
   Commencement: July 13, 2015
   Response Date: July 27, 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 


The Examiner considers that the reproduction of the trademark EOS, by the disputed domain name «eos.blackfriday», is sufficient ground to establish that the disputed domain name is confusingly similar to the trademark . Specially since the disputed domain name reproduces entirely Complainant’s trademark without any other distinctive elements. Consequently, consumers will assume that the owner of the disputed domain name is the camera manufacturer. In consequence, as per this reasoning, the Examiner finds that, in the present case, the disputed domain name is confusingly similar to Complainant’s trademark and thus, the requirement set forth in Paragraph 1.2.6.1., of the URS Procedure is duly complied with.


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

Determined: Finding for Complainant 


As per the URS requirements, Complainant’s burden of proof has been met, regarding Registrant’s lack of rights or legitimate interest in the disputed domain name, as Complainant has successfully shown evidence to substantiate its trademark rights, such as, several trademark registrations EOS in the United States of America, the United Kingdom, France, Germany, Italy, Spain, Canada, Australia, New Zealand, China, among others, to identify goods included in international class 9. Moreover, as established in Paragraph 8.3 of the URS Procedure, Complainant has demonstrated that the disputed domain name was registered and is being used in bad faith in violation of the URS. Consequently, the Examiner finds that, in the present case, Respondent has no legitimate right or interest to the disputed domain name, thus, the requirement set forth in Paragraph 1.2.6.2., of the URS Procedure is duly complied with.


[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 


According to Subparagraph a) of the Paragraph 1.2.6.3., of the URS Procedure, registering a 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, is indicative of bad faith registration and use. Furthermore, in accordance with Paragraph 5.9.2, of the URS Procedure, a domain name redirecting to a website displaying pay-per-click links does not in and of itself constitute bad faith under the URS. Nonetheless, such conduct may be abusive, as in the current circumstances. Blackfriday is the day after Thanksgiving Day in the United States in which stores and manufacturers offer promotional sales. Hence, it is understood as an expression referring to promotions. Taking that into account, «eos.blackfriday» would attract consumers interested in EOS goods. Moreover, Complainant registered its trademark EOS with the Trademark Clearinghouse. Hence, Respondent was aware of the trademark EOS registered «eos.blackfriday». Thus, the Examiner concludes that Respondent registered the disputed domain name for the purpose of disrupting Complainant’s business. Furthermore, Respondent’s use of the disputed domain name does not fall into the category of bona fide offering of goods or services, Respondent is not commonly known by the disputed domain name. As per this reasoning, the Examiner finds that, in the present case, the disputed domain name was registered and is being used in bad faith, thus, the requirement set forth in Paragraph 1.2.6.3., of the URS Procedure is duly complied with.


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:


  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. eos.blackfriday

 


Fernando Triana
Examiner
Dated: July 28, 2015

 

 

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