URS DEFAULT DETERMINATION


Deutsche Welthungerhilfe e.V. v. See PrivacyGuardian.org
Claim Number: FA2107001954070


DOMAIN NAME

<welthungerhilfe-americadelsur.org>


PARTIES


   Complainant: Deutsche Welthungerhilfe e.V. of Bad Godesberg, II, Germany
  

   Respondent: Privacy Guardian / See PrivacyGuardian.org of Phoenix, AZ, US
  

REGISTRIES and REGISTRARS


   Registries: Public Interest Registry
   Registrars: Namesilo, LLC

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.
   Ms. Kateryna Oliinyk, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 7, 2021
   Commencement: July 7, 2021
   Default Date: July 22, 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: The Complainant, Deutsche Welthungerhilfe e.V., is the private non-profit organization in Germany fighting hunger around the world. The Complainant is the holder of the word mark “Welthungerhilfe” protected under trademark registrations nos. DE 30525399 and DE 30578198, and the trademark is in use. The Complainant held an office in South America and created a website to display and promote its activities in South America under the domain name <welthungerhilfe-americadelsur.org>. Domain expired May 12, 2019. The Defendant has registered the domain name <welthungerhilfe-americadelsur.org> on December 16, 2020. The identity of the Defendant is masked under the WHOIS privacy protection service. The domain name <welthungerhilfe-americadelsur.org> re-directs users to the website with the pornographic content.

  

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 Complainant provided documentary evidence that it is the registered owner of the word mark “Welthungerhilfe” protected by national trademark registrations, as well as documents to show that the trademark is in current use. The disputed domain name fully incorporates the Complainant’s trademark “Welthungerhilfe”. The other part of the domain name “americadelsur” is a mere descriptive part as it is the Spanish word for South America. It is accepted, that, where the relevant trademark is recognizable within the disputed domain name, the addition of other terms (whether descriptive, geographical, pejorative, meaningless, or otherwise) would not prevent a finding of confusing similarity under the first element. The applicable Top Level Domain (“TLD”) in a domain name (e.g., “.com”, “.club”, “.nyc”) is viewed as a standard registration requirement and as such is disregarded under the first element confusing similarity test. The disputed domain name <welthungerhilfe-americadelsur.org> is confusingly similar to the Complainant’s “Welthungerhilfe” trademark. Therefore, the Examiner finds that the Complaint meets URS requirement of 1.2.6.1.


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

Determined: Finding for Complainant 


The Complainant has never authorized the Respondent to incorporate the “Welthungerhilfe” trademark into the disputed domain name <welthungerhilfe-americadelsur.org> nor has it authorized or licensed the Respondent to use the Complainant’s trademark for any commercial purpose. There is no evidence in the record that the Respondent may be using the disputed domain name in a legitimate way. The only apparent use that the Respondent is making of the disputed domain name is to redirect Internet users to the website with the pornographic content. The use of a domain name to redirect traffic to pornographic websites is neither a bona fide offering of goods or services nor a legitimate noncommercial or fair use with regard to URS Procedure 5.7.3, because the Respondent is diverting Internet users to its website for commercial gain. Because the Respondent has defaulted, the Respondent has failed to meet its burden of production to come forward with evidence of rights or a legitimate interest. Thus, the Examiner finds that the second element under URS Procedure 1.2.6.2 has been satisfied.


[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 registration and use of the disputed domain name <welthungerhilfe-americadelsur.org> in bad faith can be found in the present case in view of the following circumstances: (i) the Respondent has provided no evidence whatsoever of any actual or contemplated good faith use of the disputed domain name; (ii) the Respondent has registered the domain name identical to the domain name which the Complainant has held earlier; (iii) the use of the disputed domain name in connection with a pornographic website; (v) the Respondent’s efforts to shield the Respondent’s true identify further supports an inference that the Respondent registered the disputed domain name for illegal purposes. For the reasons as those stated above, the Panel finds that the disputed domain name was registered and is being used in bad faith. The third element of the URS Procedure has therefore been established.


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:


  1. 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:

  1. welthungerhilfe-americadelsur.org

 

Ms. Kateryna Oliinyk
Examiner
Dated: July 23, 2021

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page