URS DEFAULT DETERMINATION

Paco Nominees Pty Ltd v. et al.
Claim Number: FA2401002078895

DOMAIN NAME

<geedup.ltd>
<geedup.shop>
<geedup.store>
<geedupclothing.shop>

PARTIES

	Complainant: Paco Nominees Pty Ltd of Brookvale NSW, Australia
	Complainant Representative: Cooper Mills Lawyers Victor Ng of Melbourne VIC, Australia

	Respondent: Redacted for Privacy / Privacy service provided by Withheld for Privacy ehf of Reykjavik, Capital Region, II, IS

REGISTRIES and REGISTRARS

	Registries: Binky Moon, LLC,GMO Registry, Inc.,Radix Technologies Inc.
	Registrars: NameCheap, Inc.,Namecheap, Inc.,NAMECHEAP INC

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.
	Petter Rindforth, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: January 11, 2024
	Commencement: January 18, 2024
	Default Date: February 2, 2024
	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 is owner the trademark GEEDUP, registered in Australia and USA, namely: Australian national trademark registration No. 2063957 GEEDUP (word), registered January 21, 2020 for goods and services in Intl Classes 18, 25 and 35; Australian national trademark registration No. 2367073 GEEDUP (word), registered July 9, 2021 for goods and services in Intl Classes 14, 18, 24, 25, 28 and 35; US national trademark registration No. 7,238,568 GEEDUP (word), registered December 12, 2023 for goods and services in Intl Classes 14, 18, 24, 25, 28, 32, 33 and 35. The Complainant has provided evidence of use by screenshots from the website www.geedupclothing.com. The disputed domain name <geedup.ltd> was registered on December 13, 2023, and the disputed domain names <geedup.shop>, <geedupclothing.shop>, and <geedup.store> were registered on October 30, 2023. There is no information on the Respondent, other than provided by 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 has met the standard sets out in 1.2.6.1. of the URS Procedure since the Complainant has proved its right to the valid Australian national trademark registration No. 2063957 GEEDUP (word). Further, the Complainant has proved that the said trademark is in current use by presenting screenshot from the Complainant's website. The relevant part of the disputed domain names is <geedup> (for three of them) and <geedupclothing> as the added top-level domain – being a required element of every domain name – is generally irrelevant when assessing whether or not a trademark is identical or confusingly similar and in this case does nothing to distinguish the disputed domain names from the Complainant's trademark. Three of the disputed domain names simply consist of the Complainant's trademark GEEDUP, whereas the fourth of the disputed domain names consists of the Complainant's trademark and the descriptive word "clothing" – identifying the goods Complainant provide and sell under the trademark GEEDUP. The Examiner concludes that the disputed domain names <geedup.ltd>, <geedup.shop>, and <geedup.store> are identical to the Complainant's trademark GEEDUP, and that the disputed domain name <geedupclothing.shop> is confusingly similar to the said trademark.

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

Determined: Finding for Complainant

The Respondent does not have any rights in any of the disputed domain names, as the Complainant has not authorized the Respondent to register domain names containing its registered and used trademark GEEDUP, nor is the Respondent commonly known by any of the disputed domain names. As GEEDUP is a distinctive and well known trademark, the Examiner also draw the conclusion that the Complainant has shown that the Respondent cannot have any legitimate interests in registering and using <geedup.ltd>, <geedup.shop>, <geedup.store> or <geedupclothing.shop> . To summarize, the Examiner find that the Complainant has established that the Respondent has no rights or legitimate interests in <geedup.ltd>, <geedup.shop>, <geedup.store> or <geedupclothing.shop> .

[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 Complainant's trademark is registered and used long before the registration date of any of the disputed domain names. The Complainant has shown that the Respondent has linked the disputed domain names to a web site, showing the Complainant's trademark, using photos from the Complainant's web site, and selling the same goods as Complainant, thereby creating a likelihood of confusion with the Complainant's trademark as to the source, sponsorship, affiliation, or endorsement of Respondent's web site. Thus, the Examiner concludes that the Complainant has established that the Respondent has registered and used all 4 disputed domain names 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:

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:

geedup.ltd
geedup.shop
geedup.store
geedupclothing.shop

Petter Rindforth
Examiner
Dated: February 6, 2024

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