URS DEFAULT DETERMINATION
Google LLC v. WhoisGuard, Inc.
Claim Number: FA2001001881156
DOMAIN NAME
<androidg.club>
PARTIES
Complainant: Google LLC of Mountain View, CA, United States of America | |
Complainant Representative: Cooley LLP
Brendan J Hughes of Washington, DC, United States of America
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Respondent: WhoisGuard, Inc. / WhoisGuard Protected WhoisGuard, Inc. of Panama, II, PA | |
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC | |
Registrars: NameCheap, Inc. |
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 30, 2020 | |
Commencement: February 18, 2020 | |
Default Date: March 4, 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: Determined: Finding for Complainant Examiner finds that Complainant holds a valid national or regional trademark registration and that is in current use. Examiner finds that the disputed domain name is confusingly similar to Complainant's trademark ANDROID. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant contends that it has not authorized or licensed Respondent to use any of its trademarks; and Respondent is using the disputed domain name in connection with a website that mimics the look and feel of Complainant�s own website to deceive and harm unsuspecting Internet users. Examiner finds that such a use cannot be considered a legitimate noncommercial or fair use of the disputed domain name and does not constitute a bona fide offering of goods. Examiner also finds that there is no record showing that Respondent is commonly known by the disputed domain name. Therefore, Examiner concludes in the absence of Response 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.
Determined: Finding for Complainant Complainant contends that Respondent�s willful, bad faith intent to violate Complainant�s intellectual property rights is exhibited by the inclusion of the entirety of the ANDROID mark in the disputed domain name; Respondent has appropriated Complainant's trademark having a strong reputation and widely known; its use of the disputed domain name suggests opportunistic bad faith; and the use of the disputed domain name with a deceptive, copycat website to solicit personal user information under the ruse of providing �Premium Gifts for Everyone� is clear evidence of Respondent�s bad faith, and warrants immediate suspension to mitigate future user harm. Examiner agrees with Complainant that Respondent's use of the disputed domain name constitutes bad faith registration and use of the disputed domain name. 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:
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:
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Ho-Hyun Nahm Examiner
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