Coolmath.com, LLC v. et al.
Claim Number: FA2001001881333
Complainant: Coolmath.com, LLC of New York, New York, United States of America.
Complainant Representative: Fross Zelnick Lehrman & Zissu, P.C. of New York, New York, United States of America.
Respondent: Privacy Guardian / See PrivacyGuardian.org of Phoenix, Arizona, United States of America.
REGISTRIES and REGISTRARS
Registries: .TOP Registry
Registrars: NameSilo, 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.
Omar Haydar, as Examiner.
Complainant submitted: January 30, 2020
Commencement: February 12, 2020
Default Date: February 29, 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") .
Complainant requests that the domain names be suspended for the life of the registration.
Clear and convincing evidence.
The Respondent has registered the domain names <coolmathgames.top> and <cool-math-games.top>.
Complainant is the owner of trademarks coolmath and coolmath-games, which have been registered in various jurisdictions since 1997 and 2004 respectively.
Complainant has claimed that the domain names in question are identical to their protected word or mark.
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.
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use.
2. Respondent has no legitimate right or interest to the domain name.
3. The domain name(s) was/were registered and are being used in bad faith.
The Examiner finds that Complainant has proven that the domain name is identical through evidence of the trademark registration. The Complainant’s trademark is registered in a number of jurisdictions and has been in use at least 23 years.
The Examiner further finds that Complainant has proven that Respondent has no legitimate right or interest to the domain name. The Complainant has neither licensed the trademark to the Respondent for use, nor has the Respondent made any claim to a legitimate right or interest to the name.
The Examiner finds that the evidence proves the domain names were registered and are being used in bad faith. The Complainant has provided evidence that the website in question utilizes the protected mark without authorization in offering identical services to the Complainant.
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.
<coolmathgames.top>
<cool-math-games.top>
Omar Haydar, Examiner
Dated: February 29, 2020
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