URS DEFAULT DETERMINATION

KBHOME v. Domain et al.
Claim Number: FA1602001660709

DOMAIN NAME

<kbhome.xyz>

PARTIES

	Complainant: KBHOME of Los Angeles, CA, United States of America
	Complainant Representative: Gray Plant Mooty Sheldon Klein of Washington, DC, United States of America

	Respondent: Domain datadomain.xyz Data of New York, AL, US

REGISTRIES and REGISTRARS

	Registries: XYZ.COM LLC
	Registrars: Namecheap

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 11, 2016
	Commencement: February 12, 2016
	Default Date: February 29, 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

	Procedural Findings:
		Multiple Complainants: Not applicable.
		Multiple Respondents: Not applicable.

Findings of Fact: Complainant contends as follows; 1. The registered domain name is identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration that is in current use. 2. Registrant has no legitimate right or interest to the domain name. 3. The domain name was registered and is being used in bad faith. 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. KB Home is a home building company in the United States. Since at least as early as 2003 it has used in commerce and owned U.S. registrations for a family of marks consisting of KB, KB HOME, and KB HOME & Design (U.S. Reg. Nos. 2706002, 2832387, 2768634, 4649309) for goods and services related to residential construction. Complainant’s KB and KB HOME marks are registered with the Not Trademark Clearinghouse.

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 infringing domain name <kbhome.xyz> is confusingly similar to the KB HOME Marks, as it contains the Complainant’s marks KB and KB HOME in their entirety, merely adding the top-level domain .xyz.

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

Determined: Finding for Complainant

Complainant has not authorized Registrant to use its marks and Registrant is not using the domain name in connection with a bona fide offering of goods or services. The domain name initially resolved to a web page containing pay-per-click ads linking to KB Home’s competitors’ web pages. While the domain name does not currently resolve to an active page, as of December 7, 2015, it resolved to a web page stating “KBHOME.XYZ IS FOR SALE,” inviting viewers to “Make An Offer” to purchase the domain name, and containing hidden ad links to third party commercial websites.

[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 <kbhome.xyz> was registered and used in bad faith. The domain name was registered primarily for the purpose of selling or renting the domain name registration to KB Home or its competitors, as evidenced by the web page inviting viewers to “Make An Offer” to purchase the domain name. Registrant’s knowledge of Complainant’s rights can be inferred based on the KB HOME Marks registration with the Trademark Clearinghouse. As such, Respondent would have received an onscreen warning of Complainant’s rights before Respondent chose to proceed with registering <kbhome.xyz>.

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:

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:

kbhome.xyz

Darryl C. Wilson
Examiner
Dated: March 3, 2016

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