URS DEFAULT DETERMINATION


Warner Bros. Entertainment Inc. v. REDACTED FOR PRIVACY
Claim Number: FA2111001972730


DOMAIN NAME

<tomandjerry.vip>


PARTIES


   Complainant: Warner Bros. Entertainment Inc. Barry Goold of Burbank, United States of America
  

   Respondent: Zhang Tong of II, CN
  

REGISTRIES and REGISTRARS


   Registries: Minds + Machines Group Limited
   Registrars: Wild West Domains, 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.
   Dawn Osborne, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: November 10, 2021
   Commencement: November 16, 2021
   Default Date: December 1, 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: The Complainant through its subsidiary owns the trade mark TOM AND JERRY registered, inter alia in the USA for entertainment services with use in commerce since at least 1962. . The Domain Name has been used for a site offering competing entertainment services which appears to be an official site of the Complainant.

  

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 Domain Name is identical for the purposes of the Policy with the Complainant’s trade mark adding only the gTLD .vip.


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

Determined: Finding for Complainant 


The Respondent has not responded to this Complaint and is not commonly known by the Domain Name or authorised by the Complainant. The Domain Name has been used to offer competing entertainment services in a confusing manner which is not a bona fide offering of goods or services or a legitimate non commercial fair use.


[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 has intentionally attempted to attract for commercial gain Internet users to its site by confusing use of the Complainant’s mark such that the site attached to the Domain Name appears to be an official site of the Complainant and the services are likely to be thought to be connected to the Complainant when they are not disrupting the Complainant’s business.


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. tomandjerry.vip

 

Dawn Osborne
Examiner
Dated: December 1, 2021

 

 

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