Dr. Seuss Enterprises, L.P. v. Contact Privacy Inc. Customer 0156025452
Claim Number: FA1910001868801
Complainant: Dr. Seuss Enterprises, L.P. of San Diego, California, United States of America.
Complainant Representative: DLA Piper LLP (US) of Washington, District of Columbia, United States of America.
Respondent: Contact Privacy Inc. Customer 0156025452 of Toronto, Ontario, CA.
Respondent Representative:
REGISTRAR
Registrar: CentralNic Group PLC
DOMAIN NAME: grinch.store
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, Examiner
Complaint 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").
Complainant requests that the Domain Name be suspended for the life of the registration.
Clear and convincing evidence.
Even though the Registrant 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 suspending a domain name.
· 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 time the URS Complaint was filed; and
· Registrant has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows:
The GRINCH mark was registered to Complainant with the United States Patent and Trademark Office (USPTO) (Registration No. 2,328,812) on March 14, 2000 (USPTO Registration Certificate submitted with Complaint). The only evidence of current use submitted by Complainant is a photo of a billed cap bearing a patch with the words “Old Globe Theater / San Diego” printed on it. The cap is apparently attached to a tag with the word “Grinch” written on it. This is neither clear nor convincing evidence of use, considering the description of Complainant’s use of the mark set forth in the Complaint. Complainant holds a valid national registration of its mark, and the Domain Name is identical or confusingly similar to Complainant’s mark, but Complainant has failed to establish a prima facie case that the mark is in current use.
Moreover, the URS Site Screenshot submitted with the Complaint is a screenshot of a web site resolving from the domain name <seussville.com>, not the Domain Name at issue in this proceeding. It prominently features the name “Seussville” and an image of the Cat in the Hat character originated by Complainant. It bears no resemblance whatever to the “coming soon” web site advertising a store by the name of X2X described in the Complaint. Complainant has thus failed to offer any evidence of the Respondent’s use of the Domain Name, and as a result has not established a prima facie case of no rights or legitimate interests.
After reviewing the Complainant’s submissions, the Examiner determines that the Complainant has failed to demonstrate all three elements of the URS by a standard of clear and convincing evidence. The Examiner hereby Orders that the Complaint be and it hereby is DISMISSED.
grinch.store
November 14, 2019
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