There were two difference between this case of Netflix.pics and the other two URS they lose
One was the Examiner which in this case was Debrett Gordon Lyons.
Unlike the other two cases where the domain names did not resolve with the domain holder claiming they were intending to launch sites on Netflix.news and Netflix.website, the domain Netflix.pics was parked.
We opined about the two lost URS cases, that the URS seemed to be useful for trademark holders only in cases where the domain was parked, looks like we were right.
Here are the highlights:
“The Examiner finds clear and convincing evidence that Respondent targeted Complainant’s trademark at the time of registration of the disputed domain name.
Absent a response there is no plausible reason to find registration of the disputed domain name by the Respondent in good faith. There has been no actual use of the domain name but the Examiner is satisfied that this is a case of “passive holding in bad faith” and therefore use in bad faith.
The Examiner finds clear and convincing evidence that the disputed domain name was registered and is being used in bad faith.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.””