URS DEFAULT DETERMINATION
Warner Communications LLC v. Data Protected
Claim Number: FA2203001989134
DOMAIN NAME
<warnermusic.site>
PARTIES
Complainant: Warner Communications LLC of New York, United States of America | |
Complainant Representative: Warner Bros. Entertainment Inc.
Barry Goold of Burbank, United States of America
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Respondent: Data Protected Data Protected of Kirkland, WA, US | |
REGISTRIES and REGISTRARS
Registries: DotSite Inc. | |
Registrars: eNom, Inc. |
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. | |
Ahmet Akguloglu, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: March 22, 2022 | |
Commencement: March 23, 2022 | |
Default Date: April 7, 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"). |
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
Procedural Findings: | ||
Multiple Complainants: The Complainant does not allege multiple Complainants. | ||
Multiple Respondents: The Complainant does not allege multiple Respondents. |
Findings of Fact: The Complainant explained that the Complainant is the third largest music company in the world and holder of “WARNER MUSICâ€, “WARNER MUSIC ENTERTAINMENT†and “WARNER MUSIC JAPAN†(“WB Marksâ€) marks. The Complainant claimed that the domain name used by the Respondent is identical to their WB Marks with the generic use of the TLD. site. The Complainant also asserted that the disputed domain name is being used to offer online streaming of music entertainment videos and content in an obvious attempt to traded off of the fame of their WB Marks. |
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: Determined: Finding for Complainant It is clear that the Complainant has met its burden by clear and convincing evidence that the domain name is identical to the word mark “WARNER MUSIC†for which the Complainant holds valid registrations in various jurisdictions including Intellectual Property India as well as China, United Kingdom, New Zealand and Japan which are in current use. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Complainant has not made any statement saying that they did authorize the Respondent for use of the “WARNER MUSIC†trademark. The Respondent did not submit any evidence to the contrary that it has legitimate interest for usage of the “WARNER MUSIC†trademark. Furthermore, the Respondent has not responded to the Complaint. Therefore, it is understood that the Respondent does not have any right or legitimate interest over the disputed domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant It is obvious that by using the domain name Respondent has intentionally attempted to attract for commercial gain, Internet users to their web site and attempted to create a likelihood of confusion of the Complainant’s trademark. The web site of the Respondent offers online streaming of music entertainment videos and content virtually identical to the Complainant’s platform. In addition, it is not possible to think that the Respondent does not know the Complainant’s trademark "WARNER MUSIC", which is well-known all over the world. Lastly, considering the level of recognition reached by the trademark as a result of its long-term use, it is clear that the Respondent aims to take unfair advantage of the reputation of the Complainant’s trademark. 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:
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:
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Ahmet Akguloglu Examiner
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