The new gTLD domain name sci.technology was ordered suspended by a Uniform Rapid Suspension (URS) examiner.
The Complainant SANMINA CORPORATION of San Jose, California filed the URS complaint based on its U.S. Trademark Registration issued June 2, 1992, on the term “SCI” (the “Trademark”).
The Trademark is for “manufacturing of electrical, electronic, electromechanical and mechanical products to the order and specification of others”, and “design and development of electrical, electronic, electromechanical and mechanical products for others.”
Complainant uses the Trademark at a website, in conjunction with the use of the trade and corporate name “SCI Technology, Inc.”, that discusses the company’s design, manufacture, qualification, and support of military and commercial aviation, ground technical and other defense applications, and industrial and space flight programs.
Respondent uses the registered domain name at a website, in conjunction with the trademark SCI.TECHNOLOGY, that includes links to articles pertinent to science and technology topics.
Complainant’s showings demonstrate that there is no genuine issue of material fact regarding the first element of the URS. The disputed domain name includes the entirety of the Trademark and the non-distinctive, generic gTLD “technology.”
Registrant’s defense, that it has a right to use the generic terms “sci” and “technology” in conjunction with science and technology topics, is not relevant given Complainant’s trademark registration and proof of use of the Trademark.
Registrant has not explained why it registered and used the domain name and has submitted no defense specifically directed to Complainant’s contentions regarding the second and third elements of the URS.
There is no genuine issue of material fact regarding the second element of the URS.
Registrant’s defense of the use of the combination of two generic terms in the disputed domain name must fail because one of those terms, “sci”, is not a generic term but rather the Trademark.
What is telling as to Registrant’s knowledge and intent is the combination of “sci” and “technology”in an order that mimics Complainant’s trade and corporate name “SCI Technology, Inc.”
Registrant also uses the domain name as a commercial trademark at its website. And, Registrant does not allege any legitimate or fair use of the domain name.
The Examiner must conclude that Registrant is intentionally attracting for commercial gain Internet users to Registrant’s web site by creating a likelihood of confusion with the Trademark.
Thus there is no genuine issue of material fact regarding the third element of the URS.
The Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.
Another worrying case. Big fish eats small fish. Alas. It should not be so.
curiously the (better) SCI.FI domain isn’t used for a site but only redirected (BTW, I own CNN.SI)