URS DEFAULT DETERMINATION


Chiaro Technology Limited v. et al.
Claim Number: FA2109001966654


DOMAIN NAME

<elvie-usa.shop>


PARTIES


   Complainant: Chiaro Technology Limited of London, United Kingdom
  
Complainant Representative: Stobbs IP Limited Richard M Ferguson of Cambridge, United Kingdom

   Respondent: Super Privacy Service LTD c/o Dynadot of San Mateo, CA, US
  

REGISTRIES and REGISTRARS


   Registries: GMO Registry, Inc.
   Registrars: Dynadot, 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.
   Alan L. Limbury, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: September 28, 2021
   Commencement: September 29, 2021
   Default Date: October 14, 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: [OptionalComment]

  

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 disputed domain name incorporates Complainant’s registered mark "ELVIE" in its entirety, simply adding a hyphen, the geographic term USA, and the gTLD .shop, which creates the impression of a U.S. based online shop selling ELVIE branded products. Complainant has shown that its mark is in current use.


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

Determined: Finding for Complainant 


Complainant has not authorized Registrant to register the domain name, which was registered on September 10, 2021, several years after Complainant registered its ELVIE mark, and which resolves to a website featuring the ELVIE logo and purporting to sell Complainant’s ELVIE products, without any disclaimer of association with Complainant. Registrant is not known by the domain name, is not using the domain name in relation to a bona fide offering of goods or services and is not making legitimate or fair use of the domain name.


[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 


Registrant was clearly aware of Complainant and its ELVIE mark when registering the domain name and did so in bad faith in order to masquerade as Complainant for commercial gain, contrary to URS 1.2.6.3 (c) and (d).


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. elvie-usa.shop

 

Alan L. Limbury
Examiner
Dated: October 14, 2021

 

 

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