URS DEFAULT DETERMINATION
Koninklijke Philips N.V. v. et al.
Claim Number: FA1910001866754
DOMAIN NAME
<philips.moscow>
PARTIES
Complainant: Koninklijke Philips N.V. of Einhoven, Netherlands | |
Complainant Representative: Ihlas Yazberdiev of Moscow, Russia
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Respondent: Kononenko Anatolii of Samara, II, RU | |
REGISTRIES and REGISTRARS
Registries: Foundation for Assistance for Internet Technologies and Infrastructure Development (FAITID) | |
Registrars: |
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: October 16, 2019 | |
Commencement: October 17, 2019 | |
Default Date: November 1, 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 purports to offer for sale Complainant's products. |
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: Determined: Finding for Complainant The disputed domain name is identical to Complainant's registered PHILIPS mark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has not licensed or otherwise authorized Respondent to use its mark nor to sell its products. According to the WHOIS, Respondent is "Anatolii Kononenko" and thus not commonly known by the disputed domain name. The resolving website purports to offer for sale Complainant's products. This is not a legitimate use of 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 As already noted, the resolving website purports to offer for sale Complainant's products, without having been authorized to do so. This disrupts Complainant's business and creates a likelihood of confusion per URS 1.2.6.3(d). 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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