Dareos LTD et al. v. Moniker Privacy Services et al.
Claim Number: FA1905001845438
Complainant: Dareos LTD of Nicosia, Cyprus.
Complainant Representative:
Respondent: Moniker Privacy Services of Fort Lauderdale, Florida, US.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC; XYZ.COM LLC
Registrars:
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.
Eleni Lappa, as Examiner.
Complainant submitted: May 30, 2019
Commencement: May 31, 2019
Default Date: June 17, 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") .
Complainant requests that the domain names listed above be consolidate into one complaint and be suspended for the life of the registration.
Clear and convincing evidence.
With regard to the consolidation issue the NAF URS Rules clearly state that: “…(c) The Complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” Therefore the request for consolidation is granted given the fact that as per the complaint under review, the same Respondent appears to have registered all domain names under review.
Complainant owns various relevant trademark registrations such as
IR No. 791038 ΒΥΛΚΑΗ & device registered on September 3, 2002, covering– Estonia – Georgia – Lithuania – Turkmenistan – Uzbekistan – Armenia – Azerbaijan – Belarus – Kyrgyzstan – Kazakhstan – Latvia – Republic of Moldova – Tajikistan - Ukraine; https://www.wipo.int/madrid/monitor/en/showData.jsp?ID=ROM.791038
IR No. 977713 ΒΥΛΚΑΗ & device registered on August 12, 2008, covering– Belarus – Kazakhstan – Ukraine;
http://www.wipo.int/madrid/monitor/en/showData.jsp?ROM=1&ID=ROM.0977713
IR No. 984297 VULKAN registered on August 11, 2008, covering – European Union - Belarus – Croatia – Kazakhstan – Serbia – Ukraine.
http://www.wipo.int/madrid/monitor/en/showData.jsp?ROM=1&ID=ROM.0984297
European Union trademark No. 014193544 ΒΥΛΚΑΗ registered on September 25, 2015, https://euipo.europa.eu/eSearch/#details/trademarks/014193544
Respondent appears to have no claimed registered or unregistered rights on the name VULKAN, BULKAN, or VOLCANO, which resemble Complainant’s above-referenced trademark rights. Respondent’s registered domain name under review also contains the terms “club”, “new”, “top”, “xyz”, “original”, “vip”, et al, which however qualify as a common, descriptive terms, that offer no per se distinctive element to the domain names under review, in order to sufficiently differentiate them from Complainant’s earlier trademark rights.
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.
1. That the registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1].
2. That registrant has no legitimate right or interest to the domain name [URS/.usRS 1.2.6.2].
3. The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as:
By using the domain name Registrant has intentionally attempted to attract for commercial gain, internet users to Respondent’s web site or other online location, by creating a likelihood of
confusion with the complainant’smark as to the source, sponsorship, affiliationor endorsement of Registrant’s web site or location or of a product or service on that web site or location. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor.
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 names be SUSPENDED for the duration of the registration:
Eleni Lappa, Examiner
Dated: June 17, 2019
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