RTL Group Markenverwaltungs GmbH v. Redacted for Privacy / Privacy service provided by Withheld for Privacy ehf et al.
Claim Number: FA2202001985139
Complainant: RTL Group Markenverwaltungs GmbH of Koeln, Germany.
Complainant Representative:
Complainant Representative: BPM legal of Muenchen, Germany.
Respondent: Dennis Luising of Zwanenburg, Netherlands.
Respondent Representative: Pro Se.
REGISTRIES and REGISTRARS
Registries: SPECIAL BROADCASTING SERVICE CORPORATION
Registrars: NameCheap, Inc.
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.
Kendall C. Reed, as Examiner.
Complainant submitted: February 21, 2022
Commencement: February 22, 2022
Respondent submitted a response on or about March 4, 2022.
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.
As stated, the standard under the URS is “clear and convincing,” which is critical in this matter. The Complaint fails to establish bad faith to this standard.
Whereas the Dispute Domain Name incorporates the entirely of Complaint’s RTL Mark, the evidence presented as to the strength of the Complainant’s Mark is insufficient to inescapably lead to the conclusion that Respondent targeted Complaint and the Mark, especially given Respondent’s assertion (which is not itself obviously false) as to his good faith intent in registering the Disputed Domain Name.
Although Complaint’s evidence of bad faith is insufficient to the requisite standard, such evidence is not so weak or misguided as to lead to the conclusion that the Complaint was unreasonable ab initio.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name be RETURNED to the control of Respondent: <rtl.sbs>.
Kendall C. Reed, Examiner
Dated: March 08, 2022
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