URS DEFAULT DETERMINATION


THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP v. WhoisGuard, Inc.
Claim Number: FA1806001793015


DOMAIN NAME

<terminix.site>


PARTIES


   Complainant: THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP of Memphis, TN, United States of America
  
Complainant Representative: Partridge Partners PC Mark V.B. Partridge of Chicago, IL, United States of America

   Respondent: WhoisGuard, Inc. WhoisGuard, Inc. of Panama, II, PA
  

REGISTRIES and REGISTRARS


   Registries: DotSite Inc.
   Registrars: Namecheap

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.
   Anne M. Wallace, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: June 21, 2018
   Commencement: June 21, 2018
   Default Date: July 6, 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").

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: [OptionalComment]

  

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.


[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 


The disputed domain name is identical to Complainant's registered <TERMINIX> mark except for the addition of the gTLD .site.


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

Determined: Finding for Complainant 


Prima facie Respondent has not legitimate right or interest to the domain name. Complainant has not authorised Respondent to use the disputed domain name. Respondent's web site advertises pest control services, so it is not used for a legitimate noncommercial or fair use. Essentially Respondent is impersonating Complainant.


[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 


The disputed domain name resolves to a web site advertising pest control services which prima facie establishes Respondent is intentionally attempting to attract for commercial gain Internet users by creating the likelihood of confusion with Complainant's TERMINIX mark.


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:


  1. 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 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:

  1. terminix.site

 

Anne M. Wallace
Examiner
Dated: July 7, 2018

 

 

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