Skechers U.S.A., Inc. II v. Chen Yu et al.
Claim Number: FA1610001697619
Complainant: Skechers U.S.A., Inc. II of Manhattan Beach, California, United States of America.
Complainant Representative: Kleinberg & Lerner, LLP of Los Angeles, California, United States of America.
Respondent: chen yu of ChangChun, International, China.
Chen Yu of chang chun shi ji lin sheng, China.
Chen Yu of chang chun shi, ji lin sheng, International, CN.
REGISTRIES and REGISTRARS
Registries: GMO Registry, Inc.
Registrars: West263 International Limited
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: October 11, 2016
Commencement: October 13, 2016†††††
Response Date: October 13, 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 Respondent has submitted a Response in English.
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.
The Examiner finds that the Disputed Domain Name is identical at the second level with Complainantís registered trademark SKECHERS.† The Complainant has made out a prima facie case that the Respondent holds no legitimate interest in and to Complainantís trademark.† As the SKECHERS trademark has been submitted to and verified by Trademark Clearing House, Respondent must have
received a warning from Trademark Clearing House indicating that the SKECHERS trademark belongs to the Complainant. †Despite this warning, Respondent chose to continue with the registration of <skechers.shop> in disregard of the Complainantís rights.
The Examiner finds that the Respondentís bare allegations concerning its intended future use of the Disputed Domain Name in connection with a website, which are wholly unsupported by evidence, are inherently incredible and unworthy of belief.
The Disputed Domain Name <skechers.shop> resolves to a parking page which shows related links to various online stores selling Skechers shoes. †Respondent registered and is using the domain name in bad faith, appropriating the Complainantís famous SKECHERS trademark, in order to suggest to Internet users that there is a connection between the Complainantís products and the Respondent's domain.
After reviewing the partiesí 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 names be SUSPENDED for the duration of the registration.
David L. Kreider Esq., Examiner
Dated:† October 14, 2016
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