URS FINAL DETERMINATION

Orange County Rescue Mission v. Dwight Smith et al.
Claim Number: FA2104001940949

DOMAIN NAME

<ocrescuemission.org>

PARTIES

	Complainant: Orange County Rescue Mission Bryan Crain Bryan Crain Bryan Crain of Tustin, CA, United States of America

	Respondent: OC CATHOLIC WORKER Dwight Laurence Smith Laurence Smith of Santa Ana, CA, United States of America

REGISTRIES and REGISTRARS

	Registries: Public Interest Registry
	Registrars: Register.com, 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.
	Carol Stoner, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: April 9, 2021
	Commencement: April 12, 2021
	Response Date: April 26, 2021
	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]

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Respondent has provided no evidence re: his right or license to use the disputed name, nor any evidence of actual use of name, outside his registration of disputed 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

c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor. Respondent's defense merely relates to his intended use of disputed name for disruption purposes. That is, to provide a forum to question the legitimacy of Complainant's fundraising efforts.

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.

Respondent has alleged 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.

The Complaint was not abusive because it was lodged within the proper purposes of the Uniform Rapid Suspension System. And the Complaint did not contain material falsehoods. Respondent's evidence did not adequately rebut Complainant's contentions.

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:

ocrescuemission.org

Carol Stoner
Examiner
Dated: April 29, 2021

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page