URS DEFAULT DETERMINATION


Luderix International v. REDACTED PRIVACY
Claim Number: FA2208002007592


DOMAIN NAME

<picwictoys.club>


PARTIES


   Complainant: Luderix International of Villeneuve-d'Ascq, France
  
Complainant Representative: Plasseraud IP of Paris Cedex 09, France

   Respondent: Dai Zhen Sheng of De Zhou Shi, Shan Dong, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Registry Services, LLC
   Registrars: Chengdu West Dimension Digital Technology Co., Ltd.

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.
   Ms. Kateryna Oliinyk, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: August 10, 2022
   Commencement: August 11, 2022
   Default Date: August 26, 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: The Complainant runs the French toy store retail chain under the PICWICTOYS trademark and the online shop under the domain name <picwictoys.com>. The PICWICTOYS trademark is the registered trademark of the Complainant, protected, inter alia, by the following trademark registration: - European Union trademark registration No. 018041144 for the word mark PICWICTOYS, filed on March 27, 2019, registered on August 13, 2019. The registered domain <picwictoys.club> was created on July 23, 2022 and initially resolved to the commercial website selling toys and impersonating the Complainant.

  

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 


The Complainant provided documentary evidence that it is the registered owner of the word mark "PICWICTOYS" protected by the regional registration, as well as documents to show that the PICWICTOYS trademark is in current use. The disputed domain name fully incorporates the Complainant’s PICWICTOYS trademark. The applicable Top Level Domain (“TLD”) in a domain name (e.g., “.com”, “.club”, “.nyc”) is viewed as a standard registration requirement and as such is disregarded under the first element confusing similarity test. The registered domain name <picwictoys.club> is identical to the Complainant’s PICWICTOYS trademark. Therefore, the Examiner finds that the Complaint meets URS requirement of 1.2.6.1.


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

Determined: Finding for Complainant 


The Respondent is not a licensee of, or otherwise affiliated with, the Complainant, and has not been authorized by the Complainant to use its PICWICTOYS trademark. There is nothing to suggest that the Respondent is commonly known by the registered domain name or that it has trademark rights of its own. The PICWICTOYS trademark does not represent the dictionary term, is a distinctive, coined word, with no obvious meaning other than as the Complainant’s trademark. The Complainant asserts that the Respondent adopted the Complainant’s trademark and created the website under the registered domain name that was deceptively similar to Complainant’s website. The Complainant additionally asserts that the Respondent used the registered domain name to mislead consumers into believing that the Respondent’s website was associated with Complainant. Thus, it is a view of the Examiner that the Respondent is using the registered domain name to pass itself of as the Complainant. Impersonation of a complainant cannot confer rights or legitimate interest on a respondent. Because the Respondent has defaulted, the Respondent has failed to meet its burden of production to come forward with evidence of rights or a legitimate interest. Thus, the Examiner finds that the second element under URS Procedure 1.2.6.2 has been satisfied.


[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 Respondent registered and has used the registered domain name in bad faith. The registered domain name is identical to Complainant’s PICWICTOYS mark. Additionally, the Respondent reproduced the Complainant’s PICWICTOYS logo on its website. This evidence supports the inference that the Respondent registered the registered domain name to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s trademark. The Respondent has used the registered domain name to impersonate the Complainant for financial gain. Impersonation is clear evidence of bad faith registration and use. The Respondent has not submitted any evidence confirming circumstances listed in URS Procedure 5.7. In the absence of any defense which might have affected the decision on this issue, it is found that the third element of the policy under URS Procedure 1.2.6.3 has been satisfied.


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. picwictoys.club

 

Ms. Kateryna Oliinyk
Examiner
Dated: August 29, 2022

 

 

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