URS DEFAULT DETERMINATION


Warner Bros. Discovery, Inc. v. Yacine Azoulay
Claim Number: FA2308002059706


DOMAIN NAME

   <curbyourenthusiasm.store>

PARTIES

   Complainant: Warner Bros. Discovery, Inc. Barry Goold of Burbank, United States of America
  

   Respondent: Yacine Azoulay Yacine Azoulay of Bab El Oued, Bab El Oued, Bab El Oued, DZ
  

REGISTRIES and REGISTRARS

   Registries: Radix FZC
   Registrars: ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED

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.
   Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY

   Complainant Submitted: August 30, 2023
   Commencement: August 31, 2023
   Default Date: September 15, 2023
   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’s mark Curb Your Enthusiasm has continuously been used in commerce for various broadcasting, media, and entertainment services since at least as early as 2000. Among Complainant’s extensive lineup of products and services is the Curb Your Enthusiasm television series. The show premiered on HBO’s networks in 2000, and has continued to 2023. Ratings for the show, which are irrelevant to HBO, have ranged from 1,000,000 to 5,000,000 viewers per episode. Because of the fame and success of the series, a significant investment has been made in creating and selling various consumer products using elements from the show, including on the HBO Shop website. The disputed domain name is being used to sell counterfeit Curb Your Enthusiasm related products. Respondent is using the domain name and identifying itself as “official.” The disputed domain name was registered on March 1, 2022.

  

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 

Examiner finds that Complainant holds a valid national or regional trademark registration and that is in current use. Examiner finds that the disputed domain name is confusingly similar to Complainant's trademark 'Curb Your Enthusiasm.'


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

Determined: Finding for Complainant 

Complainant contends that Respondent has no legitimate right or interest to the domain name. Examiner notes that the disputed domain name is being used to sell counterfeit Curb Your Enthusiasm related products, and is using the disputed domain name and identifying itself as “official” in an attempt to trade off of the fame of Complainant’s marks. Examiner finds that such a use of the disputed domain name fails to make a bona fide offering of goods or services.


[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 

Given the notoriety of Complainant’s mark and the manner of use of the disputed domain name, Examiner finds that Respondent was aware of Complainant’s rights in Complainant’s Curb Your Enthusiasm mark at the time of registering the disputed domain name. Examiner also finds that the disputed domain name is being used to sell counterfeit Curb Your Enthusiasm related products, and is using the domain name and identifying itself as “official” in an attempt to trade off of the fame of Complainant’s marks. Therefore, Examiner finds that Respondent registered and uses the disputed domain name in bad faith.


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. curbyourenthusiasm.store


   Ho-Hyun Nahm
Examiner
Dated: September 15, 2023

 

 

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