Video Proxy Llc
Netflix, Inc. v. Domains By Proxy, LLC et al. – ADR Forum
Netflix, Inc. v. Domains By
Proxy, LLC et al.
Claim Number: FA1505001620796
DOMAIN NAME
<>
PARTIES
Complainant:
Netflix, Inc. of Los Gatos, California, United States of America.
Complainant
Representative: Holland & Hart LLP of Boulder, Colorado, United States of
America.
Respondent:
Steve William, of Orlando, Florida, United States of America.
Domains
By Proxy, LLC, of Scottsdale, Arizona, US.
O. R. B.
LLC of N/A, United States of America.
REGISTRIES
and REGISTRARS
Registries:
VIDEO Registry
Registrars:, LLC
EXAMINER
The
undersigned certifies that he has acted independently and impartially and to
the best of his knowledge has no known conflict in serving as Examiner in this
proceeding.
Jeffrey
M. Samuels, as Examiner.
PROCEDURAL
HISTORY
submitted: May 26, 2015
Commencement:
May 28, 2015
Response
Date: May 31, 2015
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
requests that the domain name be suspended for the life of the registration.
STANDARD OF
REVIEW
Clear
and convincing evidence.
FINDINGS and
DISCUSSION
is the world’s largest online streaming service, offering more than 62 million
members in over 50 countries access to a wide variety of TV shows and movies
through their computers, TVs, or mobile devices. It had worldwide revenue of
$5. 5 billion in 2014. Complainant owns over 250 trademark registrations in
over 100 countries for the NETFLIX mark, as well as the domain name
Respondent
purchased the social network on May 6, 2015. Netflix. Video is a
messaging, picture share, video chat, video messaging and video conferencing
service offered through, the social network for all
religions. Users of such service will have access to by
invitation only and be able to discuss their religious beliefs in order to
obtain a better understanding of each other. The site will have a
disclaimer on the front page.
URS
Procedure 1. 2. 6, requires Complainant to prove, by clear and convincing
evidence, each of the following three elements to obtain an order that a domain
name should be suspended.
Examiner concludes that the disputed domain name,, is identical
or confusingly similar to the NETFLIX mark. The domain name incorporates in
full the NETFLIX mark adding only the descriptive term “video. ” The evidence
also establishes that Complainant owns national registrations for the NETFLIX
mark and that the mark is in current use.
Examiner further concludes that Respondent has no rights or legitimate
interests in the disputed domain name. In this regard, the Examiner notes that
the disputed domain name is not currently being used in connection with an
active site and that, as noted above, the domain name is identical or
confusingly similar to Complainant’s NETFLIX mark.
evidence also supports the finding that the disputed domain name was registered
and is being used in bad faith. As noted by Complainant, the disputed domain
name was registered 17 years after Complainant began using the NETFLIX mark, 18
years after Complainant registered the domain name, and 13 years
after Complainant first registered the NETFLIX mark in the U. S. While there is
no evidence that Respondent has attempted to sell the domain name to Complainant,
in view of the commercial success enjoyed by Complainant’s NETFLIX service, it
strains credulity to believe that Respondent was not aware of Complainant and
of its NETFLIX mark when it purchased the domain name. Moreover,
the use of the term “video” in the disputed domain name heightens the
association between Complainant and the disputed domain name, given that
Complainant’s NETFLIX mark is used in connection with video services.
Respondent’s current “passive” use of the disputed domain name is another
factor that supports a finding of the requisite bad faith.
FINDING
OF ABUSE or MATERIAL FALSEHOOD
Respondent asserted that the instant complaint is an abuse
of the URS process and/or contains material falsehoods. Respondent contends that
Complainant is a subscription service and would not suffer any harm given that
the disputed domain name includes the term “video. ” Respondent, in its
Response, also advances Constitutional arguments, namely, its First Amendment
rights under the “Free Exercise” of religion and “Establishment” Clauses.
Examiner finds that the complaint does not constitute an abuse of the URS
process or contain material falsehoods. As determined above, the addition of
the term “video” in the disputed domain name heightens the harm suffered by
Complainant. With respect to Respondent’s Constitutional arguments, nothing in
the instant decision prohibits Respondent from exercising its First Amendment
rights; it must do so, however, in a manner that does not conflict with
Complainant’s legal rights.
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
names be SUSPENDED for the duration of the registration:
Jeffrey M. Samuels, Examiner
Dated: June 01, 2015
Proxy, LLC Company Profile | Santa Monica, CA – D&B
Doing Business As:
Proxy, LLC
Company Description:
Proxy, LLC is located in Santa Monica, CA, United States and is part of the Motion Picture and Video Industries Industry. Proxy, LLC has 4 total employees across all of its locations and generates $26, 912 in sales (USD). (Employees and Sales figures are modelled).
Key Principal:
Kristen Palchak
See more contacts
See other industries within the Information:
Cable and Other Subscription Programming,
Data Processing, Hosting, and Related Services,
Newspaper, Periodical, Book, and Directory Publishers,
Other Information Services,
Other Telecommunications,
Radio and Television Broadcasting,
Satellite Telecommunications,
Software Publishers
View More,
Sound Recording Industries
Wired and Wireless Telecommunications Carriers
View Less
Address:
520 Pacific St APT 3 Santa Monica, CA, 90405-2461 United States
Employee (this site):
4
Employee (all sites):
4
editing 4k or 8k video without crashing by utilizing proxy file
Want to edit the latest high-resolution formats like 4K or 8K, but not sure if your computer system can handle it? Ultra-high-resolution footage takes a lot of processing power. On an older or budget system, even if you can get smooth full-framerate playback when playing a single file, if you add more streams, edits, or effects, you may quickly find your playback dropping to only a few frames per second, making it virtually impossible to work with. Worse yet, your software or system could crash under the ’t worry – there’s a way around it. With VEGAS Pro, you can generate proxy files of your footage that your computer can handle with ease and get you back to good playback rates even as you add edits, layers, and effects. First, we’ll explore what proxies are and how you can use them to your advantage, especially if you’re using an older computer with a slower processor or, we’ll follow these steps in VEGAS Pro:STEP 1: Automatic Proxy CreationSTEP 2: Manual Proxy CreationSTEP 3: Using Proxies on the TimelineSTEP 4: Final RenderingRead on to find out more about 4K and 8K editing with proxies in VEGAS Pro!
Proxies are lower-resolution video files intended for use on the timeline in place of the full-resolution 4K or 8K video files. They are frame-for-frame identical to the original files, just at a lower resolution and bitrate, so they are less taxing on the system and allow for real-time or closer to real-time playback, even with effects added. Using proxies, an older computer can give up to full-framerate timeline performance when it wouldn’t be able to if using the full-resolution original files.
So, you can edit, add effects and layers, and do everything you need to do on the timeline and not have to deal with choppy playback. When you’re finished editing and ready to render a full-quality video for delivery, VEGAS Pro then switches back to the original files for full-quality results.
USING PROXIES IN VEGAS PRO
VEGAS Pro will create proxies for you automatically, or you can create them manually.
STEP 1: Automatic Proxy Creation
You can enable VEGAS Pro to create proxies automatically when you add footage to your project. ✓ Go to Options>Preferences. ✓ In the Preferences window, click the Video tab. About a third of the way down, find the checkbox for automatic proxy creation. In the latest build of VEGAS Pro 17 and VEGAS Pro 18, the option is to automatically create proxies for greater than 4K media, which will set VEGAS Pro to create proxies for video of resolutions greater than 4K up to 8K. In previous builds of VEGAS Pro including VEGAS Pro 16, the option is to automatically create proxies for Ultra HD (4K) the checkbox enabled, when you bring a media file of the affected resolution into VEGAS Pro, a green status bar appears at the bottom left of the VEGAS Pro window showing progress of the creation of the proxy, or proxies if you imported more than one media file.
STEP 2: Manual Proxy Creation
If you did not enable automatic proxy creation, or if you are using the latest build of VEGAS Pro 17 or 18 and want to create a proxy for 4K footage, you can create the proxies manually. ✓ Select the file or files you want to create proxies for in the Project Media window. ✓ Right-click and choose Create Video Proxy from the context menu. A green status bar then appears at the bottom left of the VEGAS Pro window, again showing progress of the creation of the proxy or proxies.
STEP 3: Using Proxies on the Timeline
Whether you created the proxy files automatically or manually, only your original files are displayed in the Project Media window. The proxies are tied to the original files and you can access them along with the original files on the timeline. ✓ If your media file is not already in the timeline, drag it to the timeline from the Project Media window. ✓ In the Video Preview window, click Preview Quality. To use the proxy file in place of the original file, choose Preview or Draft quality. If you set to the Preview Quality to Good or Best, you will work with the original the proxies, you will experience much better playback performance. You will also see noticeably lower resolution. If you are doing critical color correction or effects work and need to view the original footage at top resolution, set the Preview Quality to Best (Full) to access the original full-resolution files. You will no longer get the best playback performance, but you can check your work and then switch back to Preview or Draft to again use the proxy for optimal playback.
When rendering, the default Project settings for render templates use the Project Properties for render quality, so set the render quality in Project Properties to ensure that VEGAS Pro will use the full-resolution original file for rendering instead of the proxy file. ✓ Click Properties in the VEGAS Pro toolbar. In the Project Properties window, set the Full-Resolution Rendering Quality to Good or Best, preferably to be safe, you can set the render quality manually in the render template. ✓ Click Render As. The Render As window opens. Choose your render format and template. ✓ Click Customize Template. ✓ Click the Project Tab. ✓ Click the drop-down menu next to Video Rendering Quality. Choose Best. Click OK. ✓ Click Render. VEGAS Pro renders your video at full resolution using the original 4K or 8K files.
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