BONPOINT v. Wu Yan Rong et al.
Claim Number: FA2203001986887
Complainant: BONPOINT of Paris, France.
Complainant Representative: Germain Maureau of Lyon, France.
Respondent: Wu Yan Rong of su zhou shi, jiang su sheng, International, CN.
Respondent Representative: None appearing
REGISTRAR
Registrar: Donuts URS
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.
Charles A. Kuechenmeister, Examiner.
Complainant submitted: March 4, 2022
Commencement: March 10, 2022
Default Date: March 25, 2022
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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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 suspending a domain name:
· the registered domain name is 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 currently in effect and that was in effect at the time the URS Complaint was filed; and
· Respondent has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows:
There is no genuine issue as to any material fact.
The BONPOINT mark was registered to Complainant with the Madrid System operated by the World Intellectual Property Organization (WIPO) (WO No. 446 458) on July 3, 1979 (WIPO Registration Certificate submitted with Complaint). Complainant is currently using that mark in connection with its business operations (Proof of Use screenshot submitted with Complaint). Complainant thus holds a valid national registration of its mark, and the mark is in current use. Further, the domain name is confusingly similar to Complainant’s mark, as Complainant’s BONPOINT mark is clearly recognizable within the domain name.
The registrar lists “Wu Yan Rong” as the registrant of the domain name. This name bears no resemblance to the domain name, and there is no evidence that the Respondent has been commonly known by the domain name. The URS Site Screenshot submitted with the Complaint displays the web site resolving from the domain name. It appears to be a typical pay-per-click site, from which the sponsor receives payment when visitors click on the links appearing on the web site. This is neither a bona fide offering of goods and services nor a legitimate noncommercial or fair use. The Respondent has no legitimate right or interest to the domain name.
The evidence of respondent’s use of the domain name described immediately above also demonstrates that Respondent is using the domain name intentionally for commercial gain to attract Internet users to its site by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation or endorsement of its site. This fits within the circumstances set forth in Paragraph 1.2.6.3.d. of the URS and is manifest evidence of bad faith registration and use.
After reviewing the Complainant’s 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 that the following domain name be SUSPENDED for the duration of its registration.
bonpoint. info
Charles A. Kuechenmeister, Examiner
Dated: March 25, 2022
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