URS DEFAULT DETERMINATION


Duck Bites Holdings, LLC v. Domains By Proxy, LLC
Claim Number: FA1601001655250


DOMAIN NAME

<ripoffreport.miami>


PARTIES


   Complainant: Duck Bites Holdings, LLC of Phoenix, United States of America
  
Complainant Representative: Jaburg & Wilk, P.C. Maria Crimi Speth of Phoenix, United States of America

   Respondent: Sonia Suarez of Fort Lauderdale, FL, USA
  

REGISTRIES and REGISTRARS


   Registries: Top Level Domain Holdings Limited
   Registrars: GoDaddy

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.
   Anne M. Wallace, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: January 5, 2016
   Commencement: January 7, 2016
   Default Date: January 22, 2016
   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: Complainant holds two USPTO registrations for the RIPOFFREPORT trademark. Complainant's exclusive licensee Xcentric Ventures, LLC, has operated a website at ripoffreport.com for over 16 years. The site is very popular.Over 20,000 websites link in to ripoffreport.com and the site is often mentioned in the news and on social media.

  

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 


Except for the .miami extension, the dispute domain is identical to Complainaint's RIPOFFREPORT trademark for which Complaiaint holds valid national trademark registrations which Complainant has shown are currently in use.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Complainant has granted exclusive right to use the RIPOFFREPORT trademark to Xcentric Ventures, LLC. Complainant has not granted any rights in the mark to Registrant. Registrant is not commonly known by the name and there is no other evidence of any rights in the mark.


[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 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.

Determined: Finding for Complainant 


The domain name resolves to a parked GoDaddy site with sponsored links. Complainant submits Registrant registered the domain in bad faith and hopes to divert Complainant's traffic and trade off Complainant's good will. Complainant. While there is no direct evidence of Registrant's intention, the parked site contains a number of links to other sites. The inference to be drawn from this is that Registrant is more than likely obtaining click through revenues from this use. The constitutes use of Complainant's mark to attract Internet users for commercial gain by creating confusion with Complainant's mark. This is bad faith.


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. ripoffreport.miami

 

Anne M. Wallace
Examiner
Dated: January 22, 2016

 

 

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