URS DEFAULT DETERMINATION

 

Sterling Jewelers Inc. v.  et al.

Claim Number: FA2107001956910

 

DOMAIN NAME

<kayjew.shop><kaylive.shop><kayonoutlet.shop><kayoo.shop><kayvip.shop><kayvips.shop><trendykayvips.shop><uskaylove.shop>

 

PARTIES

Complainant:  Sterling Jewelers Inc. of Akron, Ohio, United States of America.

Complainant Representative: 

Complainant Representative: Holland & Hart LLP of Denver, Colorado, USA.

 

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

Respondent Representative:  No appearance.

 

REGISTRIES and REGISTRARS

Registries:  GMO Registry, Inc.

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.

 

Kendall C. Reed, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: July 27, 2021

Commencement: July 29, 2021   

Default Date: August 13, 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.

 

 

 

 

DETERMINATION

 

After reviewing the Complainant’s submissions, the Examiner determines that

the Complainant has NOT established by a standard of clear and convincing evidence the first element of the Policy, which is that the involved domain names be identical or confusingly similar to the Complaint’s mark KAY. Having failed to establish all three elements of the Policy with respect to each of the involved domain names, the Complaint is denied in its entirety.

 

The Examiner hereby Orders all of the involved domain names:

<kayjew.shop>

<kaylive.shop>

<kayonoutlet.shop>

<kayoo.shop>

<kayvip.shop>

<kayvips.shop>

<trendykayvips.shop>

<uskaylove.shop>

 

be RETURNED to the control of Respondent.

 

 

Kendall C. Reed, Examiner

Dated:  August 17, 2021

 

 

 

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