ZeniMax Media Inc. v. Digital Privacy Corporation
Claim Number: FA1603001665019
Complainant: ZeniMax Media Inc. of Rockville, Maryland, United States of America.
Complainant Representative: DLA Piper LLP (US) of Washington, District of Columbia, USA.
Respondent: Digital Privacy Corporation of Carlsbad, California, US.
REGISTRY and REGISTRAR
Registry: Top Level Design, LLC
Registrar: 101domain, Inc.
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.
Complaint submitted: March 10, 2016
Commencement: March 11, 2016
Default Date: March 29, 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.
Complainant is the proprietor of US registered trademark SKYRIM, No. 4,080,839, registered on January 3, 2012 in International Class 9 for computer game software for use with computer and video game consoles. The mark is very well known and is in current use. Complainant has no business relationship with Respondent and has not licensed or otherwise permitted Respondent to use the SKYRIM Mark or to apply for any domain name incorporating that mark.
The domain name is registered in the name of a privacy service. It resolves to the Registrar’s website. The identity of the underlying registrant is not known.
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.
The Examiner finds that the domain name is identical or confusingly similar to Complainant’s SKYRIM mark.
Complainant has established this element.
[URS 1.2.6.2] Registrant has no rights to or legitimate interest in the domain name.
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.
In the absence of any innocent explanation for Respondent’s registration of the domain name, incorporating Complainant’s well-known and distinctive mark, the Examiner finds that Respondent registered and is using the domain name in bad faith.
Complainant has established this element.
After reviewing Complainant’s submissions, the Examiner determines that
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:
<skyrim.wiki>
Alan L. Limbury, Examiner
Dated: March 31, 2016
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page