URS DEFAULT DETERMINATION
Bloomberg Finance L.P. v. See PrivacyGuardian.org
Claim Number: FA1912001876350
DOMAIN NAME
<bloomberg.monster>
PARTIES
Complainant: Bloomberg Finance L.P. Paul Ramundo of New York, NY, United States of America | |
Respondent: Privacy Guardian / See PrivacyGuardian.org of Phoenix, AZ, US | |
REGISTRIES and REGISTRARS
Registries: XYZ.COM LLC | |
Registrars: NameSilo, 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. | |
Honorable Charles K. McCotter Jr., (Ret.), as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: December 23, 2019 | |
Commencement: December 26, 2019 | |
Default Date: January 10, 2020 | |
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: This action is based upon the famous trademark and service mark BLOOMBERG, U.S. Reg. No. 3,430,969 and related family of marks including U.S. Reg. Nos. 2,736,744, 4,674,394, and 4,875,272 (�Complainant�s BLOOMBERG Marks�), which are owned by Complainant�s subsidiary, Bloomberg Finance One L.P. Complainant�s Marks are strong and have gained secondary meaning through their continuous use in connection with Complainant�s electronic trading, financial news, and information businesses since at least 1993. |
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 domain name <bloomberg.monster > (�Domain Name�) is confusingly similar to Complainant�s BLOOMBERG marks. The Domain Name fully incorporates the BLOOMBERG mark and merely adds the extension ".monster. " [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 permitted Respondent to use Complainant�s BLOOMBERG Marks. Previously, the Domain Name redirected to Complainant�s website <bloomberg.com>, but Complainant�s registrar disabled it. Respondent�s current use of the Domain Name is a non-functioning website. Therefore, Respondent cannot claim a right or legitimate interest in the domain.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant has a strong reputation and a high-profile presence in the financial and media sectors and is the subject of substantial consumer recognition and goodwill. Respondent was aware of Complainant�s BLOOMBERG Marks before registering the Domain Name and registered the domain name 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:
Complainant prevailed in this proceeding.
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:
|
Honorable Charles K. McCotter Jr., (Ret.) Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page