URS DEFAULT DETERMINATION

 

ProFoot, Inc. v. QUANTUM 9 TECHNOLOGIES et al.

Claim Number: FA2107001957435

 

DOMAIN NAME

<profoot.care>

 

PARTIES

Complainant:  ProFoot, Inc. of Elizabeth, New Jersey, United States of America.

Complainant Representative: 

Complainant Representative: Fitch, Even, Tabin & Flannery LLP of Chicago, Illinois, United States of America.

 

Respondent:  Amit Chavan / QUANTUM 9 TECHNOLOGIES of MUMBAI, MAHARASHRTA, International, IN.

Respondent Representative:  No appearance

 

REGISTRIES and REGISTRARS

Registries:  Binky Moon, LLC

Registrars:  GoDaddy.com, 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 29, 2021

Commencement: July 30, 2021   

Default Date: August 16, 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 demonstrated all three elements of the URS by a standard of clear and convincing evidence. Complainant has not provided clear and convincing evidence that Respondent is either wrongly and intentionally disrupting the business of a competitor or wrongly and intentionally creating confusion as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or of a product or service offered on Respondent’s website.

 

As such, the Examiner hereby Orders that the domain name <profoot.care> be RETURNED to the control of Respondent.

 

 

 

Kendall C. Reed, Examiner

Dated:  August 18, 2021

 

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page