EmblemHealth, Inc. v. Domain Protection Services, Inc.
Claim Number: FA1908001855260
Complainant: EmblemHealth, Inc. of New York, New York, United States of America.
Complainant Representative: CSC Digital Brand Services of Wilmington, Delaware, United States of America.
Respondent: Domain Protection Services, Inc. / Whois Agent of Denver, Colorado, US.
Respondent Representative:
REGISTRIES and REGISTRARS
Registries: DotSpace Inc.
Registrars: Name.com, Inc.
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.
Charles Kuechenmeister
Complainant submitted: August 1, 2019
Commencement: August 1, 2019
Default Date: August 16, 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"). The registrant did not submit a Response and is presently in default.
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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:
· the registered 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 is in current use; or (ii) that has been validated through court proceedings; or (iii) that is specifically protected by a statute or treaty currently in effect and that was in effect at the tie the URS Complaint was filed; and
· Respondent has no legitimate right or interest in the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows with respect to the matters at issue in this proceeding:
The EMBLEMHEALTH mark was registered to Complainant with the United States Patent and Trademark Office (USPTO) (Registration No. 3,641,062) on June 16, 2009 (Complaint Exhibit A). Complainant is currently using that mark in connection with its business operations (Complaint Exhibit B). Complainant thus holds a valid national registration of its mark, and the mark is in current use. Further, the domain name is identical or confusingly similar to Complainant’s mark.
The Registrant of the domain name is listed as “Domain Protection Services, Inc.” in the records of the registrar. This name bears no resemblance to the domain name, and there is no evidence that the Registrant has been commonly known by the domain name. Complaint Exhibit C is a screenshot of the web site resolving from the domain name. It is the home page for an entity calling itself Only for You. This page appears at <onlyforyous.com> [sic] and offers jewelry for sale. It contains no reference to health care or to Complainant. Registrant is not using the domain name in connection with a bona fide offering of goods or services, or for a legitimate or fair use. The Examiner finds that the Registrant has no legitimate right or interest to the domain name.
Based upon the evidence discussed immediately above, the Registrant is using the domain name to attract, for commercial gain, Internet users to its web site by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of its web site. Further, the fact that the Registrant incorporated Complainant’s mark verbatim into the domain name demonstrates that it knew of Complainant and its rights in that mark when it registered the domain name in April 2019. For the foregoing reasons, the Examiner finds that the Registrant is using the domain name in bad faith.
After reviewing the Complainant’s submissions, the Examiner determines that the Complainant has made a prima facie case proving all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders that the following domain name be SUSPENDED for the duration of the registration:
emblemhealth.space
Charles Kuechenmeister, Examiner
Dated: August 19, 2019
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