BestReviews Inc. v. Domains By Proxy, LLC et al.
Claim Number: FA1602001659117
Complainant: BestReviews Inc. of Sparks, Nevada, United States of America.
Complainant Representative: Oles Morrison Rinker & Baker LLP of Seattle, Washington, United States of America.
Respondent: Alon Gamzu / Roundforest Ltd. of Tel Aviv, HaMerkaz, International, Israel.
Domains By Proxy, LLC of Scottsdale, Arizona, US.
Roundforest, LTD of Tel Aviv, Unknown, Israel.
Roundforest, Ltd. of Tel Aviv, Israel.
Complainant Representative: Coffey Burlington, PL of Miami, Florida, United States of America.
REGISTRIES and REGISTRARS
Registries: Snow Moon, LLC
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, as Examiner.
Complainant submitted: February 1, 2016
Commencement: February 3, 2016
Response Date: February 17, 2016
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.
The examiner ‘is concerned that the lack of a Trademark on the Principal Registry may be dispositive of the matter in this forum, although the examiner finds that Complainant has established first use and is entitled to use of the “bestreview” in its domain name.
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. . Assuming that the Complainant has establish the first two elements of URS Procedure 1.2.6, Complainant has not proven the bad faith element. There is no evidence of actual harm to the Complainant, or that Respondent is not operating an actual business, as opposed to seeking to interfere with Complainant’s business. Therefore this matter will be dismissed without prejudice to future proceedings.
After reviewing the parties’ submissions, the Examiner determines that
the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be RETURNED to the control of Respondent.
“Bestreviews.guide”
Honorable John A. Bender, Examiner
Dated: February 17, 2016
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