URS DEFAULT DETERMINATION
Eli Lilly and Company v. WhoisGuard, Inc.
Claim Number: FA1701001715054
DOMAIN NAME
<cialis.website>
PARTIES
Complainant: Eli Lilly and Company of Indiananpolis, IN, United States of America | |
Complainant Representative: Faegre Baker Daniels, LLP
Stephanie A. Gumm of Indianapolis, IN, USA
|
Respondent: WhoisGuard, Inc. WhoisGuard Protected of Panama, Panama, II, PA | |
REGISTRIES and REGISTRARS
Registries: DotWebsite Inc. | |
Registrars: Namecheap |
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. | |
Sandra J. Franklin, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: January 31, 2017 | |
Commencement: February 1, 2017 | |
Default Date: February 16, 2017 | |
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] |
Even though the 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(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant Complainant prevails under URS 1.2.6.1.(i). [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent is using the disputed domain name to sell counterfeit drugs.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant prevails under URS 1.2.6.3. c. and d. 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:
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:
|
Sandra J. Franklin Examiner
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