NATIONAL ARBITRATION FORUM
usRS DEFAULT DETERMINATION

Annco, Inc. v. Rebecca Collins
Claim Number: FA1712001761644

DOMAIN NAME

<buyanntaylor.us>

PARTIES

	Complainant: Annco, Inc. of New York, NY, United States of America
	Complainant Representative: Fross Zelnick Lehrman & Zissu, P.C. Todd Martin of New York, NY, United States of America

	Respondent: Rebecca Collins Rebecca Collins of Raleigh, NC, US

REGISTRIES and REGISTRARS

	Registries: NeuStar
	Registrars: PDR Ltd. d/b/a PublicDomainRegistry.com

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.
	Douglas M. Isenberg, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: December 6, 2017
	Commencement: December 7, 2017
	Default Date: December 22, 2017
	Having reviewed the communications records, the Examiner finds that the National Arbitration 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").

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 states as follows: "Complainant Annco, Inc ('Annco') owns the trademark ANN TAYLOR in the United States and around the world and uses the mark in connection with retail stores services featuring apparel and related goods and services. The first ANN TAYLOR store opened in New Haven, Connecticut in 1954, and today there are more than 320 ANN TAYLOR and ANN TAYLOR FACTORY stores throughout North America. More information can be found at Annco’s websites, www.anninc.com and www.anntaylor.com. Furthermore, one of Annco’s newest product lines is its ANN TAYLOR LUXEWEAR collection featuring simple, easy-to-wear luxe pieces that cater to women who don't want to sacrifice comfort for style: https://www.anntaylor.com/all-luxewear/cat3750001. "Respondent is using the domain name buyanntaylor.us (the 'Domain Name'), which incorporates Annco's ANN TAYLOR trademark in its entirety, in connection with a website that wholly mimics Annco’s own ANN TAYLOR website at www.anntaylor.com. The website associated with the Domain Name uses the title 'ANN TAYLOR LUXEWEAR SALE US,' the homepage uses the stylized ANN TAYLOR logo, the website includes no disclaimer, and the items offered for sale at the website appear to be ANN TAYLOR branded products (though potentially counterfeit), including clothing, shoes, and accessories such as belts, scarves, sunglasses, tights and jewelry. The images on the buyanntaylor.us website are copied from Annco's legitimate anntaylor.com website, as are the product descriptions, differing only in price. For example, the buyanntaylor.us website lists an inflated original price, which is then stricken through and compared to supposed 'reduced' price. In fact, the supposed 'reduced' price on buyanntaylor.us is very close to the actual price for the genuine item as sold at the anntaylor.com website. "Annco has not authorized Respondent to use the ANN TAYLOR mark, and did not authorize Respondent to register the Domain Name. "Given the manner in which the Respondent has registered and used the Domain Name, it is clear that the registrant lacks a legitimate interest in the domain and that it was registered has been used in bad faith. See Eli Lilly and Co. v. Hui, FA1698878 ('Rights or legitimate interests cannot be created where the user of the domain at issue would not choose such a name unless he was seeking to create an impression of association with the Complainant.') Similarly, just as in the Eli Lilly case, Respondent clearly registered the Domain Name to disrupt Complainant's business, capitalize on Annco's reputation and goodwill in its ANN TAYLOR mark, and direct Internet users to a copycat website where Respondent sells potentially counterfeit versions of ANN TAYLOR branded items. 'For all of these reasons, Respondent's use of the Domain constitutes use and registration in bad faith.' Id. "In sum, Respondent registered the Domain Name, which incorporates Annco's registered ANN TAYLOR trademark despite having no legitimate interest in the Domain Name and apparently for the disruptive purpose of misdirecting Internet users to its competing site. Anno therefore requests that the domain name be suspended for the duration of its registration period."

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.

[usRS 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 usRS complaint is filed.

Determined: Finding for Complainant

Based on the trademark registrations cited by Complainant, it is obvious that Complainant holds a valid national or regional registration and that is in current use for the mark ANN TAYLOR. The second-level portion of the disputed domain name is confusingly similar to this mark because it includes the mark in its entirety plus the descriptive word "buy," which does nothing to distinguish the domain name from the mark and is associated with Complainant's retail store services.

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

Determined: Finding for Complainant

The examiner finds that Complainant has established its prima facie case with respect to Registrant’s lack of legitimate right or interest and, without any evidence from Registrant to the contrary, the examiner is satisfied that Complainant has satisfied the second element of the usRS.

[usRS 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

By registering and using a disputed domain in connection with a website that wrongly appears to be a website for, or associated with, Complainant, which Complainant alleges "sells potentially counterfeit versions of ANN TAYLOR branded items," Registrant has acted in bad faith by attempting to attract for commercial gain, Internet users to Registrant’s website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's website.

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 usRS 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:

buyanntaylor.us


	Douglas M. Isenberg, Examiner Dated: December 22, 2017

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