URS DEFAULT DETERMINATION

DR. SEUSS ENTERPRISES, L.P. v.
Claim Number: FA2010001917808

DOMAIN NAME

<samiam.rocks>

PARTIES

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

	Respondent: DATA REDACTED of DATA REDACTED, USA

REGISTRIES and REGISTRARS

	Registries: Dog Beach, LLC
	Registrars:

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.
	Alan L. Limbury, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 21, 2020
	Commencement: October 22, 2020
	Default Date: November 9, 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: [OptionalComment]

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

Complainant is the registrant of United States trademark SAM I AM, No. 3,598,451, registered on March 31, 2009. The mark is in current use as the character Sam I Am in the famous children's book Green Eggs and Ham, published by Complainant. The disputed domain name is identical to the mark since the omission of spaces between the three words of the mark and the addition of the gTLD ".rocks" may be ignored under this element.

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

Determined: Finding for Complainant

Complainant says it has not licensed or otherwise permitted Respondent to use the SAM I AM mark or to apply for any domain name incorporating that mark. The domain name was registered on September 26, 2020. It does not resolve to an active website. Given the fame of the Sam I Am character, these circumstances establish a prima facie case of absence of rights and legitimate interests in the domain name on the part of Respondent. In the absence of a Response, there is no evidence to establish that Respondent has any rights or legitimate interests in respect of 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

The Examiner accepts Complainant's submission that, by creating confusion through its registration of a domain name wholly comprising the SAM I AM Mark, Respondent is attempting to disrupt the business of Complainant, which is evidence of both 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:

samiam.rocks

Alan L. Limbury
Examiner
Dated: November 9, 2020

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