URS DEFAULT DETERMINATION


National Council of Young Men's Christian Associations of the United States of America v. REDACTED PRIVACY
Claim Number: FA1906001847290


DOMAIN NAME

<ymca.insure>


PARTIES


   Complainant: National Council of Young Men's Christian Associations of the United States of America of Chicago, IL, United States of America
  
Complainant Representative: Partridge Partners P.C. Jordan Arnot Leahey of Chicago, IL, United States of America

   Respondent: Gary Friedman of Denver, CO, USA
  

REGISTRIES and REGISTRARS


   Registries: Binky Moon, LLC
   Registrars: Name.com, Inc.

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.
   Vali Sakellarides, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: June 11, 2019
   Commencement: June 11, 2019
   Default Date: June 26, 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 is the National Council of Young Men's Christian Associations of the United States of America (�YMCA�), an Illinois non-profit corporation. Complainant serves customers across the United States, having more than 2,700 YMCAs with approximately 19,000 staff and 600,000 volunteers in 10,000 communities. Complainant owns numerous marks containing or comprising the term YMCA, including, but not limited to, U.S. Registration No. 1549218 and 668795. Complainant�s U.S. Registration No. 1549218 was verified by the Trademark Clearinghouse (submitted). Complainant�s current use of the YMCA trademark can also be evidenced at http://www.ymca.net/. Since 1855, Complainant has used the YMCA marks for educational and entertainment services, namely, conducting programs designed to promote the physical, mental, and spiritual development of others. As a result of Complainant�s extensive use, promotion and advertisement, the YMCA marks are some of the most famous marks in their industry and sources of significant goodwill for Complainant. The disputed domain name fully incorporates Complainant�s YMCA mark, which the attached evidence shows is registered and in current use. The addition of the gTLD, .insure, does not distinguish Respondent�s Domain from Complainant�s mark. See Deutsche Lufthansa AG v. yoyo.email et al., Claim Number: FA1404001552833 (April 28, 2014) (recognizing that �it is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, thus �.email� is of no consequence here�). Respondent is neither commonly known by the Domain nor affiliated with Complainant. Respondent�s use is not a legitimate noncommercial or fair use, and is not in connection with a bona fide offering of goods or services. See Licensing IP International S.à r.l. v. PrivacyDotLink Customer 3043460 et al., Claim Number: FA1812001820296 (Jan. 21, 2019). The Domain resolves to a parking page with PPC links, which use Complainant�s marks for the same core services. See id.; see also ARCELORMITTAL v. Edward Tweedy, Claim Number: FA1604001671797 (May 10, 2016) (no rights or legitimate interest for PPC parking page); see attached screenshot (showing PPC links for �YMCA SUMMER CAMP PROGRAMS�). Due to Complainant�s wellknown and famous trademark and notice via the Trademark Clearinghouse Claims rights protection mechanism, Respondent knew of Complainant�s marks when registering the Domain. See IBM Corporation v. Lin Shi Mo Ban et al., Claim Number: FA1608001689716 (Aug. 23, 2016) (determining that such activity satisfies URS Procedure 1.2.6.3(b)). Respondent registered the Domain primarily for the purpose of disrupting Complainant�s business. Respondent has intentionally attempted to attract for commercial gain, Internet users to the Domain, by creating a likelihood of confusion with Complainant�s YMCA marks. As mentioned above, Respondent uses Complainant�s marks to attract others for profit with PPC links.

  

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 


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

Determined: Finding for 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 


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. ymca.insure

 

Vali Sakellarides
Examiner
Dated: July 1, 2019

 

 

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