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
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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: 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.
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:
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:
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Honorable Charles K. McCotter Jr., (Ret.) Examiner
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