Weight Watchers International, Inc. v. ANet
Claim Number: FA1803001775874
Complainant: Weight Watchers International, Inc. of New York, New York, United States of America.
Complainant Representative: Weight Watchers International, Inc. of New York, New York, United States of America.
Respondent: ANet of Colorado Springs, Colorado, US.
Respondent Representative: none
REGISTRY and REGISTRAR
Registry: DotSpace Inc.
Registrar: GoDaddy.com, LLC
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Debrett Gordon Lyons, as Examiner.
Complainant submitted: March 14, 2018
Commencement: March 15, 2018
Default Date: March 30, 2018
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:
Even though the Respondent has defaulted, URS Procedure 1.2.6 requires the 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 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.
The Complainant provided documentary evidence that it is the owner of a United States Federal Trademark Registration for WEIGHT WATCHERS registered from 1986 as well as documents to show that the trademark is in current use.
The disputed domain name fully incorporates the Complainant’s trademark and merely adds the extension “.fun”. The Examiner finds that the disputed domain name is therefore identical to the Complainant’s trademark.
The Examiner finds clear and convincing evidence that URS Procedure 1.2.6.1 is satisfied.
[1.2.6.2.] The Registrant has no legitimate right or interest to the disputed domain name.
The Complainant argues that the Respondent has no right or legitimate interest to the disputed domain name, that it has never been authorized by the Complainant to register the disputed domain name, that it has no connection or affiliation with the Complainant, and that there has been no bona fide use of the domain name. The disputed domain name currently resolves to a construction page with no relevant content.
The Respondent did not deny these assertions in any way and therefore failed to prove any rights or legitimate interests in the disputed domain name.
The Examiner finds clear and convincing evidence that Respondent has no rights to or legitimate interests in the disputed domain name. Accordingly, URS Procedure 1.2.6.2 is satisfied.
[1.2.6.3.] The disputed domain name was registered and is being used in bad faith.
The Examiner finds clear and convincing evidence that Respondent targeted Complainant’s trademark at the time of registration of the disputed domain name.
Absent a response there is no plausible reason to find registration of the disputed domain name by the Respondent in good faith. There has been no actual use of the domain name but the Examiner is satisfied that this is a case of “passive holding in bad faith” and therefore use in bad faith.
The Examiner finds clear and convincing evidence that the disputed domain name was registered and is being used in bad faith. Accordingly, URS Procedure 1.2.6.3 is satisfied.
No abuse or material falsehood.
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 name be SUSPENDED for the duration of the registration.
Debrett Gordon Lyons, Examiner
Dated: March 30, 2018
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