URS FINAL DETERMINATION
Citrix Systems, Inc. v. et al.
Claim Number: FA1809001806567
DOMAIN NAME
<citrix.fun>
PARTIES
Complainant: Citrix Systems, Inc. of Fort Lauderdale, FL, United States of America | |
Complainant Representative: Day Pitney LLP
Jeremy Blackowicz of Boston, MA, United States of America
|
Respondent: Jacob Panek of Lodz, Poland | |
REGISTRIES and REGISTRARS
Registries: DotSpace Inc. | |
Registrars: OVH |
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. | |
Sandra J. Franklin, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 18, 2018 | |
Commencement: September 19, 2018 | |
Response Date: September 19, 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] |
URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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: Determined: Finding for Complainant Complainant prevails under URS 1.2.6.1.(i). [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent uses the disputed domain name to conduct a phishing scheme.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant prevails under URS 1.2.6.3.c. 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. Respondent has alleged that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
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:
|
Sandra J. Franklin
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page