Thank you
@ecalc
For those that don't know. You can see
here that the complainant is Macy's, located in USA.
The domains are owned by a single person, located in China.
This is what someone needs to prove in order to take your domain.
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Identical and/or Confusingly Similar
Complainant claims the
<mactys.com>,
<macuys.com>,
<macvys.com>,
<macyas.com>,
<mascys.com>,
<mavcys.com>, and
<msacys.com> domain names are confusingly similar to the MACYS.COM mark because they differ by a single added letter.
Rights or Legitimate Interests
Complainant must first make a
prima facie case Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶4(a)(ii). Then the burden shifts to Respondent to show it has rights or legitimate interests.
Complainant claims Respondent is using the disputed domain names to redirect users to dynamic parking pages of commercial links, some of which promote goods and services in competition with Complainant’s own retail offerings. Such use amounts to neither a
bona fide offering of goods or services under Policy ¶4(c)(i), nor a legitimate noncommercial or fair use under Policy ¶4(c)(iii). The parking pages contain links to Complainant, as well as links to competitors such as “JCPenney Official Site,” “Zara Clothing Store,” and “TJ MAXX Clothing.”
Registration and Use in Bad Faith
Complainant claims the disputed domain names resolve to dynamic parking pages offering links to Complainant’s competition, which disrupts Complainant business and warrants a finding of Policy ¶4(b)(iii) bad faith registration and use. The disputed domain names resolve parking pages featuring links to “JCPenney Official Site,” “Zara Clothing Store,” and “TJ MAXX Clothing,” all of which are direct competitors of Complainant’s department store retail services. This is sufficient evidence of bad faith pursuant to Policy ¶4(b)(iii) because Respondent uses the disputed domain names to promote Complainant’s competitors.
He could have kept a domain like macsys.com if it was used for something else.
b. vi. Respondent is using (some or all of) the Disputed Domain Name(s) to redirect unsuspecting Internet users to a website featuring generic links to third-party websites, some of which directly compete with Complainant's business. Presumably, Respondent receives pay-per-click fees from these linked websites.
As such, Respondent is not using the Disputed Domain Name(s) to provide a bona fide offering of goods or services as allowed under Policy;
extras
b. vii. The earliest date on which Respondent registered the Disputed Domain Name(s) was February 20, 2009, which is significantly after Complainant's first use in commerce, on January 1, 1858
[c.] The Disputed Domain Name(s) should be considered as having been registered and being used in bad faith for the following reasons:
i. Respondent's typosquatting behavior is, in and of itself, evidence of bad faith.
ii. Respondent's bad faith is further shown by the Respondent using the Disputed Domain Name(s) website in connection with generating revenue as a "click through" website by using the Complainant's registered trademark(s) and providing links to the services and products offered by the Complainant
to take advantage of Complainant's well known mark to achieve a wrongful competitive advantage and commercial gain.
FINDINGS
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
So for everyone.
If macies.com is used by Helen Macies Cosmetics as their online store, they are good.
If you have parking and ads, you screwed.
If macies.com is a blank page or a lander domain for sale they can't get you, but people can try to scare you with UDRP filings.