Hallmark Licensing, LLC v. 1&1 Internet Inc
Claim Number: FA1706001737605
Complainant: Hallmark Licensing, LLC of Kansas City, Missouri, United States of America.
Complainant Representative: CSC Digital Brand Services of Wilmington, Delaware, United States of America.
Respondent: 1&1 Internet Inc of Chesterbrook, Pennsylvania, US.
Respondent Representative: /
REGISTRIES and REGISTRARS
Registries: Foggy Hollow, LLC
Registrars: 1&1 Internet SE
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.
Bart Van Besien, as Examiner.
Complainant submitted: June 27, 2017
Commencement: June 28, 2017
Default Date: July 13, 2017
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.
Findings of Fact: Complainant submitted evidence of a US word trademark “HALLMARK”, first registered in 1940 and currently owned by Complainant (registration number 0380596). Complainant also submitted an overview of several other US trademarks (including word trademarks) containing the word “Hallmark”, owned by Complainant.
Complainant has submitted evidence of use of its trademark(s).
The disputed Domain Name was registered on April 18, 2017, well after the registration of Complainant’s trademark.
Complainant has submitted evidence that the disputed domain name resolves to a website with links to third-party websites (presumably pay per click links benefiting the Respondent). On this website, the domain name is offered for sale.
Complainant has submitted evidence that a Google search for “hallmarks cards” returns multiple links referencing Complainant and its business.
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.
Legal findings:
[URS 1.2.6.1] The registered domain name is 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
URS 1.2.6.1 (i) covers the domain name at issue in this case. The domain name consists of the Complainant’s word trademark paired with the generic top level domain “.cards” and the letter “s”.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Complainant claims that Respondent is not affiliated with Complainant and is not commonly known by the Domain Name. Complainant claims that it has not authorized or permitted Respondent to use Complainant’s trademark(s) in any manner. These claims are not refuted by Respondent.
Respondent did not file a response and did not provide evidence of legitimate rights or interests in the domain name. There is no evidence of any rights or legitimate interests of the Respondent in the disputed domain name. There is no evidence of any similar or identical trademarks owned by the Respondent. There is no indication of any authorization to use the Complainant’s trademark. There is no indication that the Respondent is otherwise related to the Complainant’s business. There is no evidence of the Respondent being commonly known as “Hallmark” or “Hallmarks” prior to the registration of the disputed domain name.
[URS 1.2.6.3] The domain name was 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. URS 1.2.6.3 (a) and (b) apply to the domain name at issue.
The Examiner notes that the website available through the domain name contains only so called “related links” (presumably pay per click links) and a message that the domain name is for sale. There is no evidence that the Respondent is commonly known by the domain name. There is no evidence that the Respondent is making a legitimate or fair use of the domain name. The Examiner accepts that the Respondent should have been aware of the Complainant’s well-known trademark(s) at the moment of registration of the domain name.
There are no circumstances known to the Examiner that refute the claim of bad faith registration or bad faith use.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
Bart Van Besien, Examiner
Dated: July 13, 2017
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