Wray Ward v. Privacy service provided by Withheld for Privacy ehf
Claim Number: FA2206002000115
Complainant: Wray Ward, LLC of Charlotte, North Carolina, United States of America.
Complainant Representative: Mullen Coughlin LLC of Devon, Pennsylvania, United States of America.
Respondent: Privacy service provided by Withheld for Privacy ehf of Reykjavik, IS.
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
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.
Mr. Sebastian Matthew White Hughes Mr., as Examiner.
Complainant submitted: June 13, 2022
Commencement: June 15, 2022
Default Date: June 30, 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.
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 seeks to rely upon unregistered or common law trade mark rights arising out of its claimed use of the WRAY WARD service mark for approximately 16 years.
Complainant has not provided any evidence to satisfy URS 1.2.6.1. In particular, there is no evidence of Complainant holding a valid national or regional registration for the WRAY WARD word mark that is in current use.
As Complainant has failed to establish the first element under the URS, it is not necessary to consider the next two elements.
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 domain name be RETURNED to the control of Respondent.
Mr. Sebastian Matthew White Hughes, Examiner
Dated: June 30, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page