RTIC Outdoors, LLC v.
Claim Number: FA2112001975743
Complainant: RTIC Outdoors, LLC of Houston, Texas, United States of America.
Complainant Representative: Fish & Richardson P.C. of Minneapolis, Minnesota, United States of America.
Respondent: Super Privacy Service LTD c/o Dynadot of San Mateo, California, US.
REGISTRIES and REGISTRARS
Registries: GMO Registry, Inc.
Registrars: Dynadot, LLC
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.
Mr. Sebastian Matthew White Hughes, as Examiner.
Complainant submitted: December 3, 2021
Commencement: December 6, 2021
Default Date: December 21, 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 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 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 in effect at the time the URS complaint is filed.
Complainant is a leading source for outdoor products, including hard coolers, soft coolers, drinkware, bags, and camping products based in Houston, Texas, and with over 2.4 million followers on social media. Since 2016, Complainant has extensively used its RTIC word mark (the “Trade Mark”) in respect of its business. Complainant owns registrations worldwide for the Trade Mark. Complainant also promotes and sell its goods under the Trade Mark via its website at <www.rticoutdoors.com>, registered and used since February 7, 2016.
Determined: Finding for Complainant
The domain name comprises the Trade Mark together with the word “cooler”, which is descriptive of the goods promoted and sold by Complainant under the Trade Mark. The domain name is confusingly similar identical to Complainant’s several registrations for the Trade Mark, including United States of America registration No. 4,909,776, with a registration date of March 1, 2016.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Respondent has no legitimate rights or interests in respect of the domain name. Respondent has no trade mark rights in respect of the domain name. The domain name was registered on August 24, 2021, over five
years after Complainant started using the Trade Mark. The domain name is resolved to a website which (1) prominently displays the Trade Mark at the top of the website, (2) purports to sell coolers and drinkware under the Trade Mark that are clearly not Complainant’s products, and (3) lists on the “Contact Us” page a random address in North Carolina and what appears to be a personal email address. Respondent is diverting Complainant’s customers to this website
under the misapprehension that they are being offered and sold Complainant’s genuine products under the Trade Mark. It is not possible for Respondent to
be reselling Complainant’s genuine products because Complainant’s products are only sold online through its <www.rticoutdoors.com> website and via Amazon, as well as at its retail store in Houston; and Complainant does not sell its products through third party wholesalers or retailers.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
Determined: Finding for Complainant
In light of its manner of use, the domain name has been registered and used in bad faith under [URS 1.2.6.3] and under [URS 1.2.6.3] paragraph d.
.
Mr. Sebastian Matthew White Hughes, Examiner
Dated: December 22, 2021
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