DR. SEUSS ENTERPRISES, L.P. v. Contact Privacy Inc. Customer 0156943504
Claim Number: FA2005001895121
Complainant: DR. SEUSS ENTERPRISES, L.P. of San Diego, California, United States of America.
Complainant Representative:
Complainant Representative: DLA Piper LLP of Washington, District of Columbia, United States of America.
Respondent: Contact Privacy Inc. Customer 0156943504 of Toronto, Ontario, CA.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: Tucows Domains Inc.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Examiner in this proceeding.
Antonina Pakharenko-Anderson, as Examiner.
Complainant submitted: May 6, 2020
Commencement: May 7, 2020
Default Date: May 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Procedural Findings:
This complaint and findings relate to the single domain <greenseggsandham.farm>.
No findings regarding multiple complainants or multiple respondents are made.
Findings of Fact
Complainant, Dr. Seuss Enterprises, L.P. (“DSE”) is a renowned global children’s entertainment brand. DSE is the creator of the children’s book Green Eggs and Ham, along with many other works. Complainant owns the trademark GREEN EGGS AND HAM (U.S. Trademark No.2, 416, 412 of Dec. 26, 2000).
Complainant represents that since 1984 Complainant and its predecessors-in-interest have continuously used the DSE Marks in commerce and invested significant amounts of time, money, and effort in advertising and promoting the DSE Marks. DSE’s advertisements are seen and heard around the world. DSE regularly licenses the DSE marks for use in connection with various goods and services.
Complainant operates its official Internet web site at <Seussville.com> and has information about the GREEN EGGS ANDHAM restaurant at <universalorlando.com/web/en/us/thingstodo/dining/greeneggsandhamcafé> (the “DSE Web Site”). Consumers can access information about DSE and its services, view and purchase DSE’s products, and read newsletters via the DSE Web Site.
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.
Identical or confusingly similar (URS 1.2.6.1.)
The domain name <www.greenseggsandham.farm> is confusingly similar to the Complainant`s GREEN EGGS AND HAM mark followed by the top-level domain .farm. See 3M Company v. Kabir S Rawat, FA 1725079 (Forum May 9, 2017); Microsoft Corporation v. Thong Tran Thanh, FA 1653187 (Forum Jan. 21, 2016) (determining that confusing similarity exist where [a disputed domain name] contains Complainant’s entire mark and differs only by the addition of a generic or descriptive phrase and top-level domain, the differences between the domain name and its contained trademark are insufficient to differentiate one from the other).
The Examiner finds that the domain name <www.greenseggsandham.farm> is identical to the Complainant’s GREEN EGGS AND HAM mark under URS 1.2.6.1.
No rights or legitimate interests (URS 1.2.6.2.)
Complainant has not licensed or otherwise permitted Respondent to use the DSE Marks or to apply for any domain name incorporating GREEN EGGS AND HAM mark. See Burberry Limited v. Domains By Proxy, LLC, Case No. FA1609001694006 (Forum 2016) (lack of legitimate rights found where “Complainant has not granted any license or consent, express or implied, to use the BURBERRY Marks in a domain name”).
The Examiner finds that the Respondent has not established any rights or legitimate interests in the domain name <www.greenseggsandham.farm> under URS 1.2.6.2.
Bad faith registration and use (URS 1.2.6.3.)
By creating confusion through its registration of a domain name wholly comprised of the GREEN EGGS AND HAM mark, Respondent is attempting to disrupt the business of DSE and use the Domain Name to attract internet users to the Domain Name for commercial gain, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s product, which is evidence of bad faith registration and use.
The Examiner finds such behavior to evidence Respondent’s <www.greenseggsandham.farm> bad faith registration and use under URS 1.2.6.3.
The Examiner finds that the complaint was neither abusive nor contained material falsehoods.
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.
Antonina Pakharenko-Anderson, Examiner
Dated: May 24, 2020
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