URS DEFAULT DETERMINATION


Pershing Investments LLC v. et al.
Claim Number: FA1902001830627


DOMAIN NAME

<netxinvestor.xyz>


PARTIES


   Complainant: Pershing Investments LLC of New York, NY, United States of America
  
Complainant Representative: BNY Mellon Brian Sapir of New York, NY, United States of America

   Respondent: Shawn Melez of Secunderabad, Telangana, II, IN
  

REGISTRIES and REGISTRARS


   Registries: XYZ.COM LLC
   Registrars: Go Daddy, 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.
   Honorable Charles K. McCotter Jr., (Ret.), as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: February 20, 2019
   Commencement: February 21, 2019
   Default Date: March 8, 2019
   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: Pershing Investments LLC is the owner of the NETXINVESTOR trademark (US Registration Number 4,627,959 and EU Registration Number 013204425). The infringing site, <netxinvestor.xyz>, is solely comprised of text and content about Pershing's Netxinestor product that has been copied from an official Pershing website. Neither the use of Pershing's proprietary content nor the use of the NETXINVESTOR trademark has been authorized or licensed by Pershing.

  

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:
  (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 


The domain name <netxinvestor.xyz> is confusingly similar to a word mark for which the Complaint holds a valid national registration that is in current use. [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 


Complainant has not authorized Respondent to use Complainant's mark or proprietary content.


[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  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 Registrants web site or other on-line location, by creating a likelihood of confusion with the complainants mark as to the source, sponsorship, affiliation, or endorsement of Registrants web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant 


By using the <netxinvestor.xyz> domain name, Respondent has intentionally attempted to attract for commercial gain, Internet users to Respondent's web site by creating a likelihood of confusion with Complainant's NETXINVESTOR mark as to the source of the site. [URS 1.2.6.3 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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. netxinvestor.xyz

 

Honorable Charles K. McCotter Jr., (Ret.)
Examiner
Dated: March 11, 2019

 

 

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