RK HOLDINGS, LLP v. Privacy service provided by Withheld for Privacy ehf
Claim Number: FA2208002009699
Complainant: RK HOLDINGS, LLP of Mattoon, Illinois, United States of America.
Complainant Representative: Trademark Lawyer Law Firm, PLLC of Ann Arbor, USA.
Respondent: Redacted for Privacy / Privacy service provided by Withheld for Privacy ehf of Reykjavik, Capital Region, International, IS.
Respondent Representative: None appearing
REGISTRIES and REGISTRARS
Registrar: Public Interest Registry
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.
Charles A. Kuechenmeister Honorable, Examiner.
Complainant submitted: August 25, 2022
Commencement: August 25, 2022
Default Date: September 9, 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 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 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 currently in effect and that was in effect at the time the URS Complaint was filed; and
· Respondent has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows:
There is no genuine issue as to any material fact.
Complainant applied to the United States Patent and Trademark Office (USPTO) for registration of the RK GUNS mark on May 4, 2022 (Copy of Application submitted with complaint). The filing of an application for registration of a trademark is not sufficient to establish rights in a mark for the purposes of the URS procedure. Procedure 8 of the Uniform Rapid Suspension System provides the standards to be applied by the Examiner. Paragraph 8.1.2 prescribes the following standard:
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; . . . .”
An application is not a valid registration. Complainant has not claimed or presented any evidence that either of the standards set forth in sub-paragraphs (ii) or (iii) of 8.1.2 has been met. It has utterly failed to meet Standard 8.1.2. As Complainant is required to prove all three standards set forth in Procedure 8, its Complaint must be denied.
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 following domain name be RETURNED to the control of Respondent.
The Examiner further finds the Complaint was brought in an abuse of the administrative proceeding. Procedure 8.1.2. is very clear as to the requirement for a valid national or regional registration of a mark, and there is no basis whatever for finding for Complainant on any of the other provisions of paragraph 8.1.2. Complainant is reminded of URS Procedure 11 when making future filings.
Charles A. Kuechenmeister, Examiner
Dated: September 09, 2022
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