URS DEFAULT DETERMINATION

Lotion, LLC v. Alugue
Claim Number: FA2006001902070

DOMAIN NAME

<mariahcarey.cam>

PARTIES

	Complainant: Lotion, LLC of Woodland Hills, CA, United States of America
	Complainant Representative: Fross Zelnick Lehrman & Zissu, P.C. Todd Martin of New York, NY, United States of America

	Respondent: Andre Machado of Sorocaba, Sao Paulo, II, Brasil

REGISTRIES and REGISTRARS

	Registries: AC Webconnecting Holding B.V.
	Registrars: AC Webconnecting NV

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.
	Natalia Stetsenko, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: June 29, 2020
	Commencement: June 30, 2020
	Default Date: July 15, 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 has established rights in the "MARIAH CAREY" trademark based on its US registration No. 2,207,439, registered on December 1, 1998. Complainant also holds numerous other registrations for the "MARIAH CAREY" mark in the US and worldwide.

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

The disputed domain name is identical to the Complainant's mark because it incorporates its "MARIAH CAREY" registered mark in its entirety, simply adding the gTLD ".cam". The general consensus is that adding a gTLD is not sufficient to escape the finding that the domain name is confusingly similar to the registered mark.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Registrant is in no way related to Complainant and its goods and services, or to Mariah Carey. Complainant has not authorized Respondent to register and use the disputed domain. Furthermore, Respondent is not named or commonly known as MARIAH CAREY. Respectively, there is no legitimate basis for Respondent to use the MARIAH CAREY name. As follows from the evidence on the case record, Respondent is passively holding the domain (it is used in connection with a parked website), which does not generate rights and legitimate interests (See, Philip Morris USA Inc. v. Gabriel Hall, WIPO Case No. D2015-1779: "Passively holding a domain name does not constitute a bona fide offering of goods or services."). Respectively, the Respondent has no rights and legitimate interests in the domain name.

[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

Previous panels found both bad faith registration and use in cases where Complainant's name was famous. There is no doubt in the worldwide fame of Mariah Carey as one of the most successful musical artist, hence Respondent had both constructive and actual knowledge of the name and the registered marks, especially given the notice it had received from the TMCH upon an attempt to register the disputed domain name. The fact that Respondent anyway proceeded with the registration and did not show its intention to make any legitimate use of the domain name, instead blocking Complainant from reflecting its mark in the <.cam> domain, serves as yet another evidence of bad faith registration and use.

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:

mariahcarey.cam

Natalia Stetsenko
Examiner
Dated: July 20, 2020

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