URS DEFAULT DETERMINATION
Kensho Technologies, LLC v. REDACTED FOR PRIVACY et al.
Claim Number: FA1906001846341
DOMAIN NAME
<kensho.vip>
PARTIES
Complainant: Kensho Technologies, LLC of Cambridge, MA, United States of America | |
Complainant Representative: Proskauer Rose LLP of New York, NY, United States of America
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Respondent: kun chen FOR of ??, HK | |
REGISTRIES and REGISTRARS
Registries: Minds + Machines Group Limited | |
Registrars: GoDaddy.com, LLC |
EXAMINER
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding. | |
Richard W. Hill, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: June 5, 2019 | |
Commencement: June 13, 2019 | |
Default Date: June 28, 2019 | |
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
Complainant requests that the domain name be suspended for the life of the registration. |
STANDARD OF REVIEW
Clear and convincing evidence. |
FINDINGS and DISCUSSION
Findings of Fact: The resolving website displays Complainant's mark and logo and requests user's login information. As such, it appears to be an attempt to phish for user information. |
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Complainant has trademark rights in the mark KENSHO dating back to at least 2015, the date it registered the mark in the USA. The disputed domain name is identical to Complainant's mark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The disputed domain name has been registered by Respondent without Complainant's consent or knowledge and Complainant has not authorized Respondent to use Complainant's mark. Respondent has been identified as Kun Chen of Hong Kong through Go Daddy's WhoIs Database. Therefore, Respondent is not known by the the disputed domain name. The resolving website shows a member login page intended to phish for information from Complainant's customers. As Respondent is not known by the disputed domain name; not authorized by Complainant to use Complainant's mark; nor using the disputed domain name in connection with a bona fide offering of goods and services, the Examiner finds that Respondent has no rights or legitimate interests in the disputed domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The resolving website displays Complainant's mark and logo and requests user log-in information. Thus the resolving webpage is intended to look and feel like an official website of Complainant, intended to impersonate Complainant and to attract and mislead Complainant's customers to obtain their member login information. This appears to be a phishing attempt. Consequently the Examiner finds that the disputed domain name was registered and is being used in bad faith. FINDING OF ABUSE or MATERIAL FALSEHOOD The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
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 name(s) be SUSPENDED for
the duration of the registration:
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Richard W. Hill Examiner
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