URS DEFAULT DETERMINATION
Harvey Nichols and Company Limited v. et al.
Claim Number: FA1807001799270
DOMAIN NAME
<harveynichols.club>
<harveynichols.cool>
<harveynichols.email>
<harveynichols.expert>
<harveynichols.irish>
<harveynichols.life>
<harveynichols.online>
<harveynichols.ooo>
<harveynichols.shop>
<harveynichols.site>
<harveynichols.website>
PARTIES
| Complainant: Harvey Nichols and Company Limited of London, United Kingdom | |
|
Complainant Representative: Aaron B Newell of London, United Kingdom
|
| Respondent: Imran Ahmed of Dewsbury, West Yorkshire, GB | |
REGISTRIES and REGISTRARS
| Registries: .CLUB DOMAINS, LLC,Binky Moon, LLC,DotOnline Inc.,INFIBEAM INCORPORATION LIMITED,GMO Registry, Inc.,DotSite Inc.,DotWebsite Inc. | |
| Registrars: Name.com, Inc.,Name.com LLC |
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. | |
| Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
| Complainant Submitted: July 31, 2018 | |
| Commencement: August 3, 2018 | |
| Default Date: August 20, 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"). |
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
| Procedural Findings: | ||
| Multiple Complainants: N.A. | ||
| Multiple Respondents: N.A. | ||
| Findings of Fact: Complainant owns UK TM registration no 1550291 HARVEY NICHOLS filed 12/10/93, and registered 7/03/97, and USA TM registration no 3395105 HARVEY NICHOLS filed 28/9/06, and registered 11/3/08, both covering, inter alia, clothing and the retailing of clothing. Complainant owns over 160 filed trade marks for HARVEY NICHOLS covering over 40 countries around the world. Complainant is an iconic luxury department store founded in London, UK in 1831 and is presently one of the few household name luxury department stores in the UK. Complainant also has HARVEY NICHOLS store locations in Riyadh, Dublin, Dubai, Istanbul, Ankara, and Hong Kong, operating in high-end fashion. Complainant's flagship location in Knightsbridge is a tourist attraction for visitors to London. Complainant has controlled and used the domain name www.harveynichols.com since 1997. Respondent is Imran Ahmed at email address info@durest.co.uk. Durest.com belongs to bed manufacturer Durest Beds Limited (“Company”). Respondent has been the secretary of the Company since 10/06/13. Notably Company is subject of a number of harsh and negative online reviews. Customer statements include “Be aware….if you want to lose money then DO buy from this bunch of crooks”. |
|
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 Per [URS 1.2.6.1](i) The registered domain names are identical to Complainant's word mark for which Complainant holds valid national and/or regional registrations and that is in current use. All of the sixteen domain names at issue (the “DNs”) contain the identical name HARVEY NICHOLS and a generic domain extension, the latter not being relevant in determining the similarity of a mark and a domain name. Complainant has met its burden re this element by clear and convincing evidence. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Per [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Respondent is not making a bona fide offering of goods or services or making a legitimate noncommercial or fair use of the DNs as the DNs resolve to identical landing pages with click-through advertising, sponsored links and links offering similar Harvey Nichols DNs for sale. Respondent is not authorized in any way to use the HARVEY NICHOLS trade mark. Complainant has met its burden re this element by clear and convincing evidence.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Per [URS 1.2.6.3]( d) The domain names were registered and are being used in bad faith. Respondent 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. Additionally, the DNs are used for pay-per-click advertising by which Respondent benefits financially from the fame of the HARVEY NICHOLS name. Complainant has met its burden re this element by clear and convincing evidence. 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:
The Complaint was neither abusive nor contained material falsehoods. Respondent failed to contest any of Complainant's assertions or evidence.
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:
|
Darryl C. Wilson Examiner
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