Weight Watchers International, Inc. v. Coroir Jean-marie et al.
Claim Number: FA1803001779823
Complainant: Weight Watchers International, Inc. of New York, New York, United States of America.
Complainant Representative: Weight Watchers International, Inc. of New York, New York, United States of America.
Respondent: Coroir Jean-marie of bandol, International, FR.
Coroir Jean-marie of bandol, International, France.
Jean-Marie Coroir of Bandol, France.
SARL LWS of Paris, International, FR.
REGISTRIES and REGISTRARS
Registries: Afilias plc
Registrars: Ligne Web Services SARL dba LWS
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.
Bart Van Besien, as Examiner.
Complainant submitted: March 30, 2018
Commencement: March 30, 2018
Response Date: April 5, 2018
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: Complainant submitted evidence of a US service mark “WEIGHT WATCHERS”, registered on May 27, 1986 (registration number 1,395,251), owned by Weight Watchers International, Inc., and valid for class 41 (US class 107) and class 42 (US class 100).
Complainant has submitted evidence of use of its “WEIGHT WATCHERS” mark.
The disputed domain name was created on February 22, 2018, well after the registration of Complainant’s mark.
Complainant claims that it is involved in “weight management services”, and that it enjoys significant reputation and goodwill in the mark “WEIGHT WATCHERS”. These claims are not refuted by the Respondent.
Respondent mentioned in its response “IT WAS AN ERROR THE DOMAIN NAME WAS CANCELED IT WILL BE FREE FOR THE USE OF THE COMPLAINANT IN 10 DAYS”
Legal findings:
[URS 1.2.6.1] The registered domain name is 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
URS 1.2.6.1 (i) covers the domain name at issue in this case. The domain name consists of Complainant’s registered mark paired with the generic top level domain “.bio”. Complainant submitted evidence of its earlier “WEIGHT WATCHERS” service mark and submitted evidence of actual use of this mark.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Complainant claims that the Registrant (i.e., the Respondent) does not have rights or legitimate interests in the disputed domain name.
In its response, Respondent only mentioned “IT WAS AN ERROR THE DOMAIN NAME WAS CANCELED IT WILL BE FREE FOR THE USE OF THE COMPLAINANT IN 10 DAYS.”
Respondent did not refute Complainant’s claim. Respondent did not provide evidence of legitimate rights or interests in the disputed domain name. There is no evidence of any rights or legitimate interests of Respondent in the disputed domain name. There is no evidence of any similar or identical trademarks owned by Respondent. There is no indication of any authorization to use Complainant’s trademark. There is no indication that Respondent is otherwise related to Complainant’s business. There is no evidence of Respondent being commonly known as “WEIGHT WATCHERS” prior to the registration of the disputed domain name.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
Determined: Finding for Complainant.
Complainant argues that it has a long and well-established reputation in the “WEIGHT WATCHERS” mark through its exclusive use in connection with weight management services and other related goods throughout the world. Complainant further argues that, because its “WEIGHT WATCHERS” mark is on file with the Trademark Clearing House and it is registered in many countries throughout the world, Respondent had constructive knowledge of Complainant’s mark at the time it registered the identical domain name. This knowledge indicates Respondent’s bad faith use and registration.
Complainant further argues that Respondent is not using the disputed domain name in connection with any bona fide offering of goods and services. Complainant argues that Respondent’s domain name does not resolve to an active website. Complainant submitted a screenshot of the website available via the disputed domain name. According to Complainant, Respondent’s failure to make active use of the disputed domain name is further evidence of bad faith use and registration.
The Respondent did not refute the Complainant’s claims. In its response, Respondent only mentioned “IT WAS AN ERROR THE DOMAIN NAME WAS CANCELED IT WILL BE FREE FOR THE USE OF THE COMPLAINANT IN 10 DAYS.” The Examiner concurs with the views of the Complainant. In general terms, there are no circumstances known to the Examiner that refute the claim of bad faith registration or bad faith use.
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 names be SUSPENDED for the duration of the registration.
Bart Van Besien, Examiner
Dated: April 05, 2018
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page