EmblemHealth, Inc. v. Richard Teran
Claim Number: FA1706001736002
Complainant: EmblemHealth, Inc. of New York, New York, United States of America.
Complainant Representative:
Complainant Representative: CSC Digital Brand Services of Wilmington, Delaware, United States of America.
Respondent: Richard Teran of Acarigua, Portuguesa, International, Venezuela.
REGISTRIES and REGISTRARS
Registries: NeuStar
Registrars: NameCheap, Inc.
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.
Kendall C. Reed, as Examiner.
Complainant submitted: June 15, 2017
Commencement: June 20, 2017
Default Date: July 6, 2017
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under usRS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the usTLD 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 the Respondent has defaulted, usRS 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.
The Examiner finds the following:
1. Identical or Confusing Similarity
The Complainant holds a valid national trademark registration in the following mark: EMBLEMHEALTH pursuant to US trademark registration number 3641062, registered on June 16, 2009. This trademark is currently in use as demonstrated by a declaration provided by the Complainant. The only difference between this trademark and the domain name is the addition of the generic top-level domain “.us”, which is insufficient to create a meaningful distinction.
2. Legitimate Right or Interest to the Domain Name
The Complainant has established a prima facie case that the Respondent lacks legitimate rights or interests in the domain name.
3. Bad Faith Registration and Use
No plausible good faith explanation exists for Respondent’s registration of a domain name that is identical to the Complainant’s trademark given that the Complainant’s trademark is unusual and distinctive. Further, the Complainant demonstrates that the Respondent has filed four other unrelated domain names that are identical or confusingly similar to the names of four other unrelated insurance companies, thus demonstrating a pattern and practice of bad faith registration of domain names.
After reviewing the Complainant’s submissions, the Examiner determines that the Complainant has demonstrated all three elements of the usRS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration:
Kendall C. Reed, Examiner
Dated: July 07, 2017
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page