URS DEFAULT DETERMINATION

DR. SEUSS ENTERPRISES, L.P. v. Contact Privacy Inc. Customer 0158301807
Claim Number: FA2006001900640

DOMAIN NAME

<lorax.care>

PARTIES

	Complainant: DR. SEUSS ENTERPRISES, L.P. of San Diego, CA, United States of America
	Complainant Representative: DLA Piper LLP Ryan Compton of Washington, DC, United States of America

	Respondent: Contact Privacy Inc. Customer 0158301807 of Toronto, ON, CA

REGISTRIES and REGISTRARS

	Registries: Binky Moon, LLC
	Registrars: Tucows Domains 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.
	Vali Sakellarides, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: June 17, 2020
	Commencement: June 18, 2020
	Default Date: July 6, 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: Complainant contends it is a renowned global children's entertainment brand and the creator of the iconic children's book The Lorax, along with many other well-known works. Complainant owns numerous trademarks registrations and applications LORAX around the world. Complainant uses in commerce and owns the famous and distinctive trademark LORAX. Since as early as 1986, Complainant and its predecessors-in-interest have continuously used said trademark in commerce and invested significant amounts of time, money, and effort in advertising and promoting the same. Complainant's advertisements are seen and heard around the world. Complainant regularly licenses the trademark LORAX for use in connection with various goods and services. Complainant contends that the trademark LORAX is easily recognizable to the public as originating from Complainant. As a result, the goodwill associated therewith are of inestimable value to Complainant. Complainant operates its official Internet web site at <Seussville.com> and has information about the Lorax and the Lorax Project at its website <seussville.com/educators/theloraxproject>. Consumers can access information about the Complainant and its services, view and purchase Complainant's products, and read newsletters via its websites, which are a vital and integral part of its business. Complainant intends to preserve and maintain its rights with respect to its trademark LORAX and to continue to use it in connection with its leading children's entertainment business and on its websites. Complainant has established worldwide rights in its well-known trademark. The disputed domain name is identical to Complainant's LORAX trademark followed by the top-level domain .care. Complainant has not licensed or otherwise permitted Respondent to use the trademark LORAX or to apply for any domain name incorporating the same. Moreover, because Complainant owns exclusive rights in the trademark, and has numerous United States federal and international registrations therefor, Respondent cannot establish legitimate rights in the Domain Name. By creating confusion through its registration of a domain name wholly comprised of the Complainant's trademark, Respondent is attempting to disrupt the business of the Complainant, which is evidence of bad faith registration. Complainant provided pictures of its publications and DVDs with the title THE LORAX and a copy of the trademark registration LORAX (No. 2,072,896) filed with the USPTO. A screenshot of the Respondent's website resolving from the disputed domain name shows that the website is not in operation.

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

[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

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:

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:

lorax.care

Vali Sakellarides
Examiner
Dated: July 8, 2020

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