Schneider Electric USA, Inc. v. Domains By Proxy, LLC
Claim Number: FA1912001873515
Complainant: Schneider Electric USA, Inc. of Andover, Massachusetts, United States of America.
Complainant Representative:
Complainant Representative: Nameshield of Angers, France.
Respondent: Registration Private / Domains By Proxy, LLC of Scottsdale, Arizona, US.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: GoDaddy.com, LLC
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.
James Bridgeman SC, as Examiner.
Complainant submitted: December 3, 2019
Commencement: December 4, 2019
Default Date: December 19, 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 disputed domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant has adduced convincing, uncontested evidence to allow this Examiner finds as follows:
Complainant has adduced evidence of it rights in the WISER ENERGY trademark trough its ownership of US. Registered trademark WISER ENERGY registration number 5662145, registered on January 22, 2019. . The trademark “WISER” is also registered in the TMCH since June 22, 2011.
The addition of the new gTLD <.energy> extension to the word “wiser” in the second level domain name, compounds the finding that the domain name is confusingly similar to the Complainant's trademark as taken together the two elements “wiser” and “energy” are identical to Complainant’s trademark.
The Respondent has no rights or legitimate interests in respect of the disputed domain name and is not related to the Complainant’s business. The Complainant does not carry out any activity or business with the Respondent.
Furthermore, the disputed domain name <wiser.energy> redirects a to parking page and Respondent has not demonstrated preparations to use the domain name in connection with any bona fide offering of goods or services.
The domain name was registered and is being used in bad faith
The choice and registration of a domain name wherein the combination of elements is identical to Complainants trademark WISER ENERGY, in the absence of an explanation from Respondent, convincingly evidences that the disputed domain name was registered in order to target and take predatory advantage of Complainant’s name, mark and reputation.
The disputed domain name has not been actively used since its registration and resolves to a parking page. Complainant has convincingly argued that Respondent is passively holding the disputed domain name in bad faith.
On the evidence, Complainant has convincingly argued that the Respondent has registered the domain name only in order to prevent the Complainant from registering it and to reflect Complainant’s trademark in the disputed domain name. This is considered as blocking registration.
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.
<wiser.energy>.
James Bridgeman, Examiner
Dated: December 19, 2019
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