URS DEFAULT DETERMINATION

 

Target Brands, Inc. v. See PrivacyGuardian.org et al.

Claim Number: FA2108001959141

 

DOMAIN NAME

<targetpayandbenefits.win>

 

PARTIES

Complainant:  Target Brands, Inc. of Minneapolis, Minnesota, United States of America.

Complainant Representative: 

Complainant Representative: FairWinds Partners LLC of Washington, District of Columbia, United States of America.

 

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

Respondent Representative:  «cFirstName» «cMiddle» «cLastName»

 

REGISTRIES and REGISTRARS

Registries:  First Registry Limited

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.

 

Eleni Lappa, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: August 11, 2021

Commencement: August 18, 2021   

Default Date: September 2, 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

Complainant is the owner of several trademark registrations in the USA and the EU that protect their famous trademark TARGET, including US registration numbers 845193, 845615, 3229570, EU 001771229, 002733228, and maintains a network of retail stores employing over 360,000 employees, thus enjoys a widespread reputation in the world for its TAGET trademark. The disputed domain name is identical to the trademark owned by Complainant. Respondent is not affiliated with Complainant in any way and has no legitimate right or interest to the disputed domain name.

 

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.

 

In particular, the Examiner finds that the following 3 requirements are satisfied in the matter at hand:

 

1. The registered domain name(s) is/are identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use

2. Registrant has no legitimate right or interest to the domain name

3. The domain name(s) was/were registered and are being used in bad faith such as: The domain name(s) was/were registered or are being used in bad faith such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online location, by creating a likelihood of 

confusion with the complainant’s trademark 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.

 

DETERMINATION

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 the following domain names be SUSPENDED for the duration of the registration.

<targetpayandbenefits.win>

 

 

Eleni Lappa, Examiner

Dated:  September 08, 2021

 

 

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