Bank of the West, N.A. v. Peter Keating
Claim Number: FA1504001613317
Complainant: Bank of the West, N.A. of San Francisco, California, United States of America.
Complainant Representative: Pillsbury Winthrop Shaw Pittman, LLP of Los Angeles, California, United States of America.
Respondent: Peter Keating of Laguna Hills, California, United States of America.
REGISTRY and REGISTRAR
Registry: Outer McCook, LLC
Registrar: GoDaddy.com, LLC
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Alan L. Limbury, as Examiner.
Complaint submitted: April 7, 2015
Commencement: April 8, 2015
Default Date: April 23, 2015
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.
Even though 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 the domain name should be suspended:
[URS
1.2.6.1] The registered domain name is identical or confusingly similar to a
word mark:
(i) for which Complainant holds a valid national or
regional registration 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.
As to this element, Complainant is a bank with numerous branches, including in California, where it is headquartered. Complainant has demonstrated that it is the owner of United States registered trademark BANK OF THE WEST, No. 3,049,828, registered on January 24, 2006, bearing date of first use of January 2, 1979, and that the mark is in current use.
The domain name was registered by Respondent, a resident of California, on March 13, 2015. It comprises Complainant's mark together with the gTLD ".money", indicative of the kind of services banks provide. The Examiner finds that the domain name is identical or confusingly similar to Complainant’s mark.
Complainant has established this element.
[URS 1.2.6.2] Registrant has no rights to or legitimate interest in the domain name.
As to this element, Complainant asserts that Respondent has no connection with Complainant and is not using the domain name otherwise than automatically to forward to the website of a bank that is a competitor of Complainant. The domain name does not host any content. Accordingly Respondent is not using it in connection with a bona fide offering of goods or services or for a legitimate non-commercial purpose.
In the absence of any Response, the Examiner finds that Complainant has shown prima facie, that Respondent has no rights to or legitimate interests in the domain name.
Complainant has established this element.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith, such as: 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.
As to this element, Complainant says Respondent apparently registered the domain with the intent of selling it to Complainant. When Complainant's representative contacted Respondent regarding the unlawful domain registration, Registrant replied only, "I would be interest in selling this domain to you. Are you interested in purchasing this domain?"
Following service of the Complaint upon Respondent, Respondent sent 2 emails to the FORUM stating that the domain name is not pointing anywhere and is available for sale.
The Examiner finds that Complainant has established that the domain name was registered and is being used in bad faith.
Complainant has established this element.
After reviewing Complainant’s submissions, the Examiner determines that
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 be SUSPENDED for the duration of the registration:
<bankofthewest.money>.
Alan L. Limbury, Examiner
Dated: April 28, 2015
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