URS DEFAULT DETERMINATION


The Charlotte-Mecklenburg Hospital Authority d/b/a Atrium Health v. Private by Design, LLC
Claim Number: FA2208002008139


DOMAIN NAME

<myatriumhealth.biz>


PARTIES


   Complainant: The Charlotte-Mecklenburg Hospital Authority d/b/a Atrium Health of Charlotte, NC, United States of America
  
Complainant Representative: Nathan C Chase of Charlotte, NC, United States of America

   Respondent: Whois Privacy / Private by Design, LLC of Sanford, NC, US
  

REGISTRIES and REGISTRARS


   Registries: Registry Services, LLC
   Registrars: Porkbun

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.
   Vali Sakellarides, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: August 11, 2022
   Commencement: August 12, 2022
   Default Date: August 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").

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 is the Charlotte-Mecklenburg Hospital Authority, doing business as Atrium Health and is a public hospital system based on Charlotte, North Carolina. Complainant states that it is one of the largest hospital systems in the United States. On July 31, 2018, Complainant filed the word mark “Atrium Health” at the United States Patent and Trademark Office, Reg. No. 5,531,265, in Classes 41, 42 and 44, a copy of which has been submitted. Complainant has made use of this mark in commerce since February 7, 2018 and continues to do so today. A copy of Complainant’s website has been submitted. Complainant has recently discovered that a third party registered the domain name https://www.myatriumhealth.biz on December 14, 2021. This domain name incorporates Atrium Heath’s registered mark in its entirety. A screenshot of the site has been submitted. Complainant states the website content of this domain clearly shows an attempt by the registrant to capitalize on the goodwill associated with the “Atrium Health” mark. Complainant has not authorized the registrant to incorporate or use the “Atrium Health” mark. Complainant has made multiple unsuccessful attempts to contact the registrant. Complainant operates a similarly-named site (https://my.atriumhealth.org) as the gateway for its patients to access medical care and medical records. The bad faith purpose of the infringing myatriumhealth.biz site is clear – the registrant seeks to divert patients who are attempting to access Complainant’s legitimate patient portal for the purpose of generating clickthrough fees through advertising displayed on the site for the registrant’s personal financial gain. The site contains screen shots from Complainant’s myatriumhealth.org patient portal throughout site and displays other registered Complainant’s marks (without authorization). The domain name and content of the site are designed to give the overwhelming impression that the site is associated with Complainant and Complainant’s patients, all for the personal financial benefit of the registrant. The website contains a small disclaimer located at the bottom of the site indicating that “This website is not associated with the MyAtriumHealth.” Numerous URS and UDRP decisions confirm that this disclaimer is not only ineffective but also serves as evidence that the registrant is aware of the misleading nature of the site and aware that patients are likely to be confused into believing the site is associated with 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 


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

Determined: Finding for Complainant 


[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 


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. myatriumhealth.biz

 

Vali Sakellarides
Examiner
Dated: August 29, 2022

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page