URS FINAL DETERMINATION

New Media News, LLC, dba DNAinfo v. PrivacyDotLink 952348 et al.
Claim Number: FA1603001667100

DOMAIN NAME

<dnainfo.click>
<dnainfo.link>
<dnainfo.xyz>

PARTIES

	Complainant: New Media News, LLC, dba DNAinfo of DENVER, CO, United States of America
	Complainant Representative: Partridge Partners PC Mark V.B. Partridge of Chicago, IL, United States of America

	Respondent: CloudHerb ( Web Agency ) of Seoul, Korea, Democratic People's Republic Of

REGISTRIES and REGISTRARS

	Registries: Uniregistry, Corp.,XYZ.COM LLC
	Registrars: Uniregistrar Corp

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.
	Antonina Pakharenko-Anderson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: March 23, 2016
	Commencement: March 24, 2016
	Response Date: March 30, 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 has established trademark rights based on numerous registrations worldwide containing the term DNAINFO including Benelux Registration No. 0950487, U.S. Registration No. 4,570,965, and Canadian Registration No. TMA920727. The use of the marks is confirmed based on the relevant entries with Clearinghouse. Complainant, doing business as DNAINFO, is a source for news and information, covering entertainment, education, politics, crime, sports, and dining.

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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

Respondent’s domain names incorporates Complainant’s DNAINFO mark in full. The addition of the gTLDs .XYZ, .CLICK, and .LINK is irrelevant for the assessment whether the disputed domain names are identical and/or confusingly similar to the registered trademark in question. The Examiner thus finds that the disputed domain names are identical to the Complainant’s “DNAINFO” trademark.

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

Determined: Finding for Complainant

The domain names resolve to websites offering domains for sale, which can not be viewed as noncommercial or fair use in connection with a bona fide offering of goods or services.. Respondent failed to establish that he is commonly known as DNAINFO. Furthermore, explanations provided by Respondent do not rebut the relevant arguments and evidences submitted by Complainant. Therefore, the Examiner finds that the case records show that Respondent lacks rights and legitimate interests in the disputed domain names.

[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

As follows from the case records, the disputed domain names <DNAINFO.xyz>, <DNAINFO.click> and <DNAINFO.link> resolve to websites stating that the domain names are for sale. The websites further direct Internet users to <CloudHerb.com>, a “low price premium domain name search finder” selling domain names. Such domain names might mislead Internet users and divert traffic to Respondent’s website, which was found to constitute the registration and use in bad faith by a number of previous panels. The Respondent’s references to bugs in DNS settings and the true purpose of the domain names being “providing DNA information", although look creative, are not credible enough.

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.

Respondent has alleged 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.

The Respondent failed to provide any credible evidence in support of his allegations.

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:

dnainfo.click
dnainfo.link
dnainfo.xyz

Antonina Pakharenko-Anderson
Examiner
Dated: April 5, 2016

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