URS DEFAULT DETERMINATION

Anti Labs, SIA v.
Claim Number: FA2006001901342

DOMAIN NAME

<antilandadult.site>

PARTIES

	Complainant: Anti Labs, SIA of Riga, Latvia
	Complainant Representative: Grayver Law Group PC Leonard Grayver of Hermosa Beach, CA, United States of America

	Respondent: German German of Kazan, II, RU

REGISTRIES and REGISTRARS

	Registries: DotSite Inc.
	Registrars: Gandi SAS

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 22, 2020
	Commencement: June 23, 2020
	Default Date: July 8, 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, Anti Labs, SIA, contends that it is the maker of a popular anonymous chat app, AntiLand, with over 26 million users on the web, Android, and iOS. Complainant has rights in the ANTILAND mark through its registration of the mark with the United States Patent and Trademark Office (USPTO) (e.g. Reg. No. 5,645,966, registered January 8, 2019). Respondent's <antilandadult.site> domain name is identical or confusingly similar to Complainant's mark as it contains the mark in its entirety plus the descriptive term 'adult site'. Respondent has no rights or legitimate interests in the <antilandadult.site> domain name. Respondent is not commonly known by the disputed domain name, nor has Complainant authorized, licensed, or otherwise permitted Respondent to use the mark for any purpose. Respondent also does not use the disputed domain name in connection with a bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent uses the domain name to redirect to a generic adult dating spam site. Respondent registered and uses the disputed domain name in bad faith. Respondent uses the disputed domain name to create confusion as to the source, sponsorship, affiliation, or endorsement of the content thereon. Respondent's use of the disputed domain name to redirect to a spam adult site further demonstrates its bad faith. Finally, Respondent clearly registered and used the disputed domain name with constructive and actual knowledge of Complainant's rights in the ANTILAND mark. Complainant provided a copy of its website antiland.com for chat rooms, proving use of the ANTILAND trademark and a copy of the trademark registration ANTILAND No. 5,645,966, filed with the USPTO on Feb 16, 2018 with priority Oct 18, 2017. A screenshot of the Respondent's website resolving from the disputed domain name shows that the website is redirected to an adult dating 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.

[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:

antilandadult.site

Vali Sakellarides
Examiner
Dated: July 9, 2020

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