URS DEFAULT DETERMINATION


Spice House, LLC. v. Domains By Proxy, LLC et al.
Claim Number: FA2206001999470


DOMAIN NAME

<thespicehouse.live>
 <thespicehouse.store>


PARTIES


   Complainant: Spice House, LLC. of Evanston, IL, United States of America
  
Complainant Representative: Nathan E Villa of Chicago, United States of America

   Respondent: Registration Private / Domains By Proxy, LLC of Tempe, AZ, US
  

REGISTRIES and REGISTRARS


   Registries: Dog Beach, LLC,DotStore Inc.
   Registrars: GoDaddy.com, LLC,Go Daddy, 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.
   Jeffrey M. Samuels, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: June 7, 2022
   Commencement: June 9, 2022
   Default Date: June 24, 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



   Findings of Fact: Complainant owns U.S. Trademark Registration No. 3835018 for the mark THE SPICE HOUSE. The disputed domain names, the spicehouse.live and the spicehouse.store, revert to websites that appear on the Shopify platform and which are not owned or operated by Complainant Spice House, LLC. The websites use copy and details directly from Complainant's thespicehouse.com website.

  

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 


As noted above, Complainant owns a valid national registration for the trademark THE SPICE HOUSE. Each of the disputed domain names is confusingly similar to THE SPICE HOUSE mark insofar as they each incorporate in full the term "the spice house," adding only descriptive terms.


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

Determined: Finding for Complainant 


There is no evidence that Respondent has any rights or legitimate interests in either of the disputed domain names.


[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 


The Examiner finds that each of the disputed domain names was registered and is being used in bad faith. As determined above, the disputed domain names are confusingly similar to Complainant's mark and the domain names revert to websites that use copy and details taken directly from Complainant's website. The Examiner, therefore, finds that, by using the domain names, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its websites by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of Respondent's websites and/or of the products or services founds on such sites.


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. thespicehouse.live
  2. thespicehouse.store

 

Jeffrey M. Samuels
Examiner
Dated: June 24, 2022

 

 

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