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

   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:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.


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.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web site or location or of a product or service on that web site or location.

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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. kensho.vip

 

Richard W. Hill
Examiner
Dated: July 9, 2019

 

 

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