Home Box Office, Inc. v. Privacy service provided by Withheld for Privacy ehf
Claim Number: FA2108001958373
Complainant: Home Box Office, Inc. of New York, New York, United States of America.
Complainant Representative:
Complainant Representative: Warner Bros. Entertainment Inc. of Burbank, United States of America.
Respondent: Withheld for Privacy Purposes, of Reykjavik, Capital Region, International, IS.
Respondent Representative: None appearing
REGISTRIES and REGISTRARS
Registry: CentralNic Registry
Registrar: CentralNic
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Charles A. Kuechenmeister Examiner.
Complainant submitted: August 6, 2021
Commencement: August 9, 2021
Default Date: August 24, 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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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 suspending a domain name:
· the registered domain name is 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 currently in effect and that was in effect at the time the URS Complaint was filed; and
· Registrant has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
·
The Examiner finds as follows:
There is no genuine issue of any material fact.
The HBO MAX mark was registered to Complainant with the United States Patent and Trademark Office (USPTO) (Registration No. 6,125,995) on August 11, 2020 (USPTO Registration Certificate submitted with Complaint). Complainant is currently using that mark in connection with its business operations (Proof of Use screenshots submitted with Complaint). Complainant thus holds a valid national registration of its mark, and the mark is in current use. Further, the domain name is confusingly similar to Complainant’s mark.
The registrar lists the Registrant as “Withheld for Privacy Purposes / Privacy services provided by Withheld for Privacy ehf.” None of these names bears any resemblance to the domain name, and there is no evidence that the Registrant has been commonly known by the domain name. The URS Site Screenshots submitted with the Complaint are screenshots of the web site resolving from the domain name. The site pretends to be that of Complainant and offers Complainant’s services at retail. This use does not confer any right or legitimate interest upon the Respondent. The Registrant has no legitimate right or interest to the domain name.
After reviewing the Complainant’s 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 that the following domain name be SUSPENDED for the duration of its registration.
hbomax.cyou
Charles A. Kuechenmeister, Examiner
Dated: August 24, 2021
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