NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
Duck Bites Holdings, LLC v. Christopher Gatley et al.
Claim Number: FA1502001604758
DOMAIN NAME
<ripoffreport.click>
<ripoffreport.hosting>
PARTIES
Complainant: Duck Bites Holdings, LLC of Phoenix, AZ, United States of America | |
Complainant Representative: Jaburg & Wilk, P.C.
Maria Crimi Speth of Phoenix, United States of America
|
Respondent: Christopher Gatley Christopher Gatley of Brookline, MO, US | |
REGISTRIES and REGISTRARS
Registries: Uniregistry, Corp. | |
Registrars: 101domain, Inc. |
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: February 12, 2015 | |
Commencement: February 13, 2015 | |
Default Date: March 2, 2015 | |
Having reviewed the communications records, the Examiner finds that the National Arbitration 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: Not applicable. | ||
Multiple Respondents: Not applicable. |
Findings of Fact: Complainant is the holder of two United States Patent & Trademark Office registrations for Ripoff Report, registration number 4360560 and Rip-off Report, registration number 2958949. Complainant's exclusive licensee, Xcentric Ventures, LLC, has operated a website at ripoffreport.com for over sixteen years. The ripoffreport.com website is very popular, ranking 842 in the United States according to Alexa ratings and 3,640 globally. Over 20,000 websites link in to ripoffreport.com. Ripoffreport.com is often mentioned in the news and on social media. Registrant has registered two domains using Complainant's Mark. |
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 Complainant has established that it is the holder of valid national (USA) registrations for its marks RIP OFF REPORT and RIP-OFF REPORT. Complainant has met its burden by clear and convincing evidence regarding this element. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Registrant has not responded and therefore failed to provide any evidence that it has any rights or legitimate interests to the domain names. Complainant has met its burden by clear and convincing evidence regarding this element.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The domain name is currently parked. Registrant registered the domain name in bad faith and hopes to divert Complainant’s traffic and trade off of the good will that Complainant has acquired. Complainant has shown that the Registrant has violated URS 1.2.6.3 (c) and (d). Complainant has met its burden by clear and convincing evidence regarding this element. 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:
|
Darryl C. Wilson Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page