URS DEFAULT DETERMINATION

 

MR BRICOLAGE v. WhoisGuard, Inc. et al.

Claim Number: FA1809001805918

 

DOMAIN NAME

<mr-bricolage.group>

 

PARTIES

Complainant:  MR BRICOLAGE of La Chapelle-Saint-Mesmin, Unknown, France.

Complainant Representative: CASALONGA of PARIS, USA.

 

Respondent:  WhoisGuard Protected / WhoisGuard, Inc. of Panama, Panama, International, PA.

 

REGISTRIES and REGISTRARS

Registry:  Binky Moon, LLC

Registrar:  NameCheap, Inc.

 

EXAMINER

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.

 

Alan L. Limbury, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: September 14, 2018

Commencement: September 17, 2018   

Default Date: October 2, 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

Complainant is the proprietor of European Trademark Mr. BRICOLAGE, Reg. No 004782744 registered on 14 February 2007 in class 35 and in current use.

 

The domain name <mr-bricolage.group> was registered on July 26, 2018.  It resolves to Complainant’s website www.mr-bricolage.fr.  The registrant has used the identity of Complainant’s sales director in an email address linked to the domain name to order products in the name of Complainant.

 

Even though 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:

 

·         the 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 it is in current use…

·         the Registrant has no legitimate right or interest to the domain name; and

·         the domain name was registered and is being used in bad faith.

 

The Examiner finds the domain name, having a hyphen instead of a full stop and disregarding the inconsequential gTLD .group, to be identical to Complainant’s Mr. BRICOLAGE trademark, which is in current use.  Because Respondent is using the domain name to masquerade as Complainant for commercial gain, Respondent has no rights or interests in respect of the domain name, which was registered and is being used in bad faith.

 

 

DETERMINATION

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;

<mr-bricolage.group>.

 

 

Alan L. Limbury, Examiner

Dated:  October 04, 2018