URS DEFAULT DETERMINATION


Eddie Bauer Licensing Services LLC v. Hosting Ukraine LLC
Claim Number: FA2001001877779


DOMAIN NAME

<eddiebauer.store>


PARTIES


   Complainant: Eddie Bauer Licensing Services LLC of Bellevue, WA, United States of America
  
Complainant Representative: Sheridan Ross P.C. Caroline E. Bryce of Denver, CO, United States of America

   Respondent: Hosting Ukraine LLC / Privacy Protection Hosting Ukraine LLC of Kiev, II, UA
  

REGISTRIES and REGISTRARS


   Registries: DotStore Inc.
   Registrars: Hosting Ukraine 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.
   Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: January 6, 2020
   Commencement: January 7, 2020
   Default Date: January 22, 2020
   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 


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

Determined: Finding for Complainant 


Complainant contends that Respondent is using Complainant�s EDDIE BAUER signature logo and goose logo on the website of the disputed domain name without authorization; there is no evidence that Respondent has, as a business or other organization, been commonly known by the disputed domain name; displaying, on the website of the disputed domain name, Complainant�s EDDIE BAUER trademarks, photographs and models that appear on Complainant's actual eddiebauer.com retail site cannot be considered a legitimate noncommercial or fair use of the disputed domain name; and such a manner of use of the disputed domain name does not constitute a bona fide offering of goods as Complainant did not authorize the sale of its goods by Respondent. Examiner agrees with Complainant and finds that Respondent has no rights or legitimate interests in respect of the disputed domain name.


[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 


Complainant further contends that Respondent registered and is using the disputed domain in bad faith because Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant�s website by creating a likelihood of confusion with the Complainant�s mark as to the source, sponsorship, affiliation, or endorsement of Registrant�s website and the products on that website through the use of Complainant�s EDDIE BAUER trademark. Examiner notes that the disputed domain name's resolving website prominently displays Complainant�s EDDIE BAUER trademarks, photographs and models that appear on Complainant's actual eddiebauer.com retail site. Therefore, Examiner finds that the disputed domain name was registered and used in bad faith.


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. eddiebauer.store

 

Ho-Hyun Nahm
Examiner
Dated: January 22, 2020

 

 

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