URS DEFAULT DETERMINATION
Skechers U.S.A., Inc. II v. Privacy Protect, LLC (PrivacyProtect.org)
Claim Number: FA1902001831622
DOMAIN NAME
<goskechers.run>
PARTIES
Complainant: Skechers U.S.A., Inc. II of Manhattan Beach, CA, United States of America | |
Complainant Representative: Kleinberg & Lerner, LLP
Marshall A Lerner of Los Angeles, CA, United States of America
|
Respondent: Domain Admin / Privacy Protect, LLC (PrivacyProtect.org) of Burlington, MA, USA | |
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC | |
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. | |
Honorable Charles K. McCotter Jr., (Ret.), as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: February 26, 2019 | |
Commencement: February 27, 2019 | |
Default Date: March 14, 2019 | |
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: Complainant Skeechers U.S.A. Inc. is a global leader in the lifestyle and performance footwear industry. The SKEECHERS trademark has been registered in the U.S. (Reg. No. 1851977) in International Class 25 for footwear. In addition, the SKEECHERS trademark is registered with the trademark Clearing House. |
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: Determined: Finding for Complainant Respondent's domain name <goskeechers.run> is confusingly similar to the SKEECHERS mark that is in current use. [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 Complainant has not authorized Respondent to use the SKEECHERS trademark. [URS 1.2..6.2].
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent's web site prominently displays the SKEECHERS trademark and photographs of unauthorized and potentially counterfeit SKEECHERS branded products., presumably for commercial gain. [URS 1.2.6.3 d.] 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:
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:
|
Honorable Charles K. McCotter Jr., (Ret.) Examiner
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