usRS DEFAULT DETERMINATION

The Charlotte-Mecklenburg Hospital Authority d/b/a Atrium Health v. MARKIA SMITH
Claim Number: FA2209002011188

DOMAIN NAME

<myatriumhealth.us>

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: MARKIA SMITH of MD, MD, US

REGISTRIES and REGISTRARS

	Registries: NeuStar
	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.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: September 7, 2022
	Commencement: September 12, 2022
	Default Date: September 27, 2022
	Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under usRS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the .usTLD 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

	Procedural Findings:
		Multiple Complainants: N.A.
		Multiple Respondents: N.A.

Findings of Fact: The Charlotte-Mecklenburg Hospital Authority, doing business as Atrium Heath, on July 31, 2018, registered the word mark “Atrium Health” through the United States Patent and Trademark Office, Reg. No. 5,531,265. Atrium Health has made use of this mark in commerce since February 7, 2018 and continues to do so today.

Even though the Respondent has defaulted, usRS 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.

[usRS 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 usRS complaint is filed.

Determined: Finding for Complainant

Complainant has a valid registered trademark with the USPTO as noted in the initial findings above. Further, Atrium Health recently discovered that a third party registered the domain name https://www.myatriumhealth.us on December 14, 2021. This domain name incorporates Atrium Heath’s registered mark in its entirety and the website content of this domain clearly shows an attempt by the registrant to capitalize on the goodwill associated with Complainant's registered “Atrium Health” mark. Atrium Health has not authorized the registrant to incorporate the “Atrium Health” mark. Complainant has satisfied this element as Complainant has met its burden by clear and convincing evidence.

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

Determined: Finding for Complainant

As noted above, Complainant has not authorized Registrant t at any time or in any way to use its Atrium Health registered mark. Registrant has not indicated any legitimate right or interest to the domain name and instead has used it to resolve to data from Complainant's own registered website that incorporates its mark at <myatrium health.org>. Complainant has satisfied this element as Complainant has met its burden by clear and convincing evidence.

[usRS 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 bad faith purpose of the infringing myatriumhealth.us site is clear – the registrant seeks to divert patients who are attempting to access Atrium Health’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 infringing site contains screen shots from the legitimate myatriumhealth.org patient portal throughout site and displays other registered Atrium Health marks throughout the site (without authorization). The domain name and content of the site are designed to give the overwhelming impression that the site is associated with Atrium Health and therefore mislead Atrium Health patients, all for the personal financial benefit of the registrant. These actions satisfy URS 1.2..6.3(d). Complainant has satisfied this element as Complainant has met its burden by clear and convincing evidence.

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:

The Complaint was neither abusive nor contained material falsehoods.

There was no evidence nor any assertions regarding the complaint containing material falsehoods or its filing being an abuse of process.

DETERMINATION

After reviewing the parties submissions, the Examiner determines that the Complainant has demonstrated all three elements of the usRS 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:

myatriumhealth.us


	Darryl C. Wilson, Examiner Dated: September 27, 2022

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