United States Postal Service v. PERFECT LLC et al.
Claim Number: FA1708001744335
Complainant: United States Postal Service of Washington, D.C., District of Columbia, United States of America.
Complainant Representative:
Complainant Representative: Lewis Roca Rothgerber Christie LLP of Colorado Springs, Colorado, United States of America.
Respondent: PERFECT PRIVACY, LLC of Jacksonville, Florida, US.
Respondent Representative: PERFECT PRIVACY, LLC of Jacksonville, Florida, US.
REGISTRIES and REGISTRARS
Registries: Wild Way, LLC
Registrars: Register.com, Inc.
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.
Eleni Lappa, as Examiner.
Complainant submitted: August 13, 2017
Commencement: August 14, 2017
Default Date: August 29, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant the United States Postal Service (“Complainant”) owns various registrations for its USPS® mark in the USA, the EU, Russia, China, and many other countries. Complainant ranked 107th in the 2016 Global Fortune 500 list. Complainant has used the Mark since 1971 in connection with domestic and international mailing and shipping services, etc. Complainant delivers 47% of the world’s mail to over 180 countries.
Respondent has no apparent rights to the name USPS.
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, 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.
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use
2. Registrant has no legitimate right or interest to the domain name [URS/.usRS 1.2.6.2]
3. The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3]
With regard to URS 1.2.6.1:
With regard to URS 1.2.6.2:
Respondent has submitted no evidence of legitimate rights or interests related to the domain name under review <usps.international>. Therefore the requirement of URS 1.2.6.2 is fulfilled.
With regard to URS 1.2.6.3
In order to substantiate the element of bad faith, the Rules state the following, non-exclusive list of circumstances in an effort to assist the determination of the Examiner in relation to bad faith, that may nonetheless determine it exists on the basis of other grounds:
1.2.6.3. that the domain was registered and is being used in bad faith.
A non-exclusive list of circumstances that demonstrate bad faith registration and use by the Registrant include:
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.
After reviewing the website of the domain name under review, it appears that the Respondent must have known of the relevant rights of the complainant as its relevant Website displays a variety of references to services offered by the Complainant and in particular it contains several clickthrough links such as:
“USPS Shipping,”
“United States Postal Service” and
“US Postal.”
Each of the links on the Website refers to Complainant and Complainant owns federal registrations for many of the marks used in the links. Thus, Respondent registered and is using the Domain Name to divert consumers from Complainant for commercial gain, which constitutes bad faith registration and use. Therefore the requirement of URS 1.2.6.3 is fulfilled.
After reviewing the Complainant’s 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:
Eleni Lappa, Examiner
Dated: August 29, 2017
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