In a decision under the Uniform Rapid Suspension System (URS), a panel ordered suspension of the domain name <curbyourenthusiasm.store>, which was being used in connection with a website that sold counterfeit merchandise from the Larry David TV show "Curb Your Enthusiasm."
I discuss the decision in a video on the GigaLaw YouTube channel.
The complaint was filed by Warner Bros. Discovery, which may have chosen the URS instead of the UDRP (Uniform Domain Name Dispute Resolution Policy) because the URS can usually be at least a little quicker and less expensive than the UDRP, but it has a higher burden of proof and can only result in the temporary suspension (not the transfer) of a domain name. In this case, the URS decision was published very quickly — only 16 days after the complaint was filed.
According to the URS decision, the CURB YOUR ENTHUSIASM trademark has been used since at least the year 2000, when the TV show premiered on HBO, and because of the fame and success of the series, the HBO Shop website sells various consumer products using elements from the show. But I have to admit that the selection is rather limited, with only about 20 T-shirts and sweatshirts and a pair of socks.
And perhaps that’s why an enterprising cybersquatter registered the domain name <curbyourenthusiasm.store>, where Larry David fans could buy a much wider variety of products from the show, including posters, iPhone cases, coffee cups and even pillows. Unfortunately, though, according to Warner Bros. Discovery, all of the merchandise is counterfeit, even though the website boasts that it is “the OFFICIAL Merchandise Store for Curb Your Enthusiasm fans.” The site might appear legitimate to some visitors, although the typographical reference to “EMthusiasm” should be a dead giveaway that something was just not right about the website.
As I explain in the video, the URS, like the UDRP, contains a three-part test that every trademark owner has to satisfy, and although the decision here is pretty, pretty sparse, it makes clear that Warner Bros. Discovery had no problem prevailing on all three elements:
First, that the <curbyourenthusiasm.store> domain name was identical or confusingly similar to the CURB YOUR ENTHUSIASM trademark.
Second, that the registrant of the domain name, which appeared to be an individual in Algeria, had no legitimate right or interest to the domain name.
And third, that the domain name was registered and used in bad faith.
Of course, Curb Your Enthusiasm isn’t the first brand to face off against a cybersquatter accused of selling counterfeit products. I’ve helped my clients shut down similar websites and obtain domain name transfers under the UDRP for goods in many industries, from healthcare products to recreational equipment. And although sometimes these cases can get complicated, especially if it’s unclear whether the domain name registrant might simply be reselling legitimate goods, the registrant in this case didn’t file a response, which certainly made the URS examiner’s decision easier.
Learn more about this pretty, pretty, pretty interesting case by watching the video below:
