Skechers U.S.A., Inc. II v. Lu Song Ling et al.
Claim Number: FA1606001681438




   Complainant: Skechers U.S.A., Inc. II of Manhattan Beach, CA, United States of America
Complainant Representative: Kleinberg & Lerner, LLP Marshall A Lerner of Los Angeles, CA, United States of America

   Respondent: salesman songling lu of yiwu, China


   Registries: DotStore Inc.
   Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)


   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


   Complainant Submitted: June 27, 2016
   Commencement: June 28, 2016
   Response Date: June 28, 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.


   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] 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 

Respondent obtained registration of the domain skx.store. Respondent's domain registration includes, and is identical to, the SKX trademark together with the top-level domain .store. By registering in the .store gTLD, Respondent creates an illusion that the website is trustworthy.

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

Determined: Finding for Complainant 

Respondent is not licensed or authorized by Skechers to use the SKX trademark. There is no evidence that Respondent holds any legitimate interest in the trademark SKX.

[URS] 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 

As the SKX trademark has been submitted to and verified by Trademark Clearing House, Respondent must have received a warning from Trademark Clearing House indicating that the SKX trademark belongs to Skechers. Despite this warning, Respondent chose to continue with the registration of skx.store in violation of Skechers' rights. Respondent registered the domain name, appropriating Skechers' famous SKX trademark in order to suggest to Internet users that there is a connection between Skechers' products and the Respondent's domain.


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. 


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. skx.store


David L. Kreider Esq,
Dated: June 29, 2016



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