URS DEFAULT DETERMINATION

Mejuri Inc. v. sydney Lovitt

Claim Number: FA2109001966685

DOMAIN NAME

<lovemejuris.pro>

PARTIES

Complainant: Mejuri Inc. of Toronto, Ontario, Canada.

Complainant Representative: Reichel Stohry Dean LLP of Indianapolis, Indiana, United States of America.

Respondent: sydney Lovitt of yorba linda, California, US.

Respondent Representative: None appearing

REGISTRIES and REGISTRARS

Registrar: Afilias Limited

EXAMINER

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.

PROCEDURAL HISTORY

Complainant submitted: September 28, 2021

Commencement: September 30, 2021

Default Date: October 15, 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

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

· Respondent 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 as to any material fact.

The MEJURI mark was registered to Complainant with the United States Patent and Trademark Office (USPTO) (Registration No. 4,617,430) on October 7, 2014 (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, as Complainant’s MEJURI mark is clearly recognizable within the domain name.

The registrar lists the Respondent as “Sydney Lovitt.” This name bears no resemblance to the domain name, and there is no evidence that the Respondent has been commonly known by the domain name. The URS Site Screenshot submitted with the Complaint is a screenshot of the web site resolving from the domain name. The site purports to offer Complainant’s goods at retail and mimics the style and appearance of Complainant’s web site. This use does not confer any right or legitimate interest upon the Respondent. The Respondent has no legitimate right or interest to the domain name.

The evidence further demonstrates that Respondent is using the domain name intentionally and for commercial gain to attract Internet users to its site by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation or endorsement of its site. This conduct fits within the circumstances set forth in Paragraph 1.2.6.3.d. of the URS and is manifest evidence of bad faith registration and use.

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 that the following domain name be SUSPENDED for the duration of its registration.

lovemejuris.pro

Charles A. Kuechenmeister, Examiner

Dated: October 15, 2021