Luderix International v.
Claim Number: FA2206002001884
Complainant: Luderix International of Villeneuve d'Ascq, France.
Complainant Representative: Plasseraud IP of Paris Cedex 09, France.
Respondent: Yan Hu of Chao Hu Shi, An Hui, International, CN.
REGISTRIES and REGISTRARS
Registries: GMO Registry, Inc.
Registrars: Chengdu West Dimension Digital Technology Co., Ltd.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Omar Haydar, as Examiner.
Complainant submitted: June 27, 2022
Commencement: July 14, 2022
Default Date: July 29, 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.
The complaint and findings relate to one domain <picwictoys.shop>. There is one Complainant and one (or more) Respondent, and no domain names were dismissed from this complaint.
The Respondent has registered the domain name <picwictoys.shop> on June 8, 2022 and the domain website is active and purporting to offer products similar or identical to Complainant’s products.
Complainant, Luderix International, is the owner of trademark Picwictoys which it has registered in various jurisdictions since at least 2019, which is based on two very established brands, Picwic and Toys R US. The Complainant has operated the Picwic brand for decades and the picwictoys brand since the two brands merged and offers its products on sites and social media such as picwictoys.com.
Complainant has claimed that the domain names in question are identical to their protected word or mark.
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.
The Examiner finds that Complainant has proven that the domain name is identical through evidence of the trademark registration. Further, the products purportedly offered on the domain name are similar or identical to Complainant’s products and the site is likewise in the French language.
The Examiner further finds that Complainant has proven that Respondent has no legitimate right or interest to the domain names. The Complainant has neither licensed the trademark to the Respondent for use, nor has the Respondent made any claim to a legitimate right or interest to the name. Further the Complainant has confirmed that Respondent is neither an authorized agent or otherwise authorized to represent it, yet Respondent’s site would lead you to believe otherwise. Finally, Respondent has not responded or provided any contrary evidence to show rights or interests in the mark or products.
The Examiner finds that the evidence proves the domain name was registered and are being used in bad faith. The Examiner finds that the domain gives an automatic inference of affiliation to the entity holding the trademark, and would cause confusion amongst internet users into an assumption of an affiliation or relationship. (See Treeforms.com FA0010000095856) Further, the offering and imagery of Complainant’s products without authorization confirms bad faith.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
<picwictoys.shop>
Omar Haydar, Examiner
Dated: July 29, 2022
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