URS DEFAULT DETERMINATION

Skechers U.S.A., Inc. II v. See PrivacyGuardian.org et al.
Claim Number: FA1910001868531

DOMAIN NAME

<skecherstienda.online>

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: See PrivacyGuardian.org See PrivacyGuardian.org of Phoenix, AZ, US

REGISTRIES and REGISTRARS

	Registries: DotOnline Inc.
	Registrars: NameSilo, LLC

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.
	Alan L. Limbury, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 28, 2019
	Commencement: October 29, 2019
	Default Date: November 13, 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: [OptionalComment]

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

Since 1993 Complainant has used and continues currently to use the trademark SKECHERS in relation to footwear. It owns the USPTO registered trademark SKECHERS, No. 1,851,977, registered on August 30, 1994 and renewed in February 2014 for a period of 10 years. The mark is duly registered with the Trademark Clearing House. The domain name <skecherstienda.online> incorporates Complainantï¿½s mark and adds the Spanish word ï¿½tiendaï¿½ meaning ï¿½storeï¿½ and the inconsequential gTLD ï¿½.onlineï¿½, neither of which detract from the distinctiveness of the SKECHERS mark. Accordingly, the Examiner finds the domain name to be confusingly similar to the Complainantï¿½s mark.

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

Determined: Finding for Complainant

Complainant says Respondent is not licensed or authorized by Complainant to use the SKECHERS trademark and there is no evidence that Respondent holds any legitimate rights or interests in that mark. In the absence of a Response, these assertions constitute a prima facie case of absence of rights or legitimate interests on the part of Respondent.

[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

The domain name was registered in the name of Respondent on October 6, 2019. It resolves to a website displaying the SKECHERS trademark and photographs of unauthorized and potentially counterfeit Skechers branded products. These facts constitute a prima facie case of bad faith registration and use under URS 1.2.6.3 c and 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:

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:

skecherstienda.online

Alan L. Limbury
Examiner
Dated: November 17, 2019

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