Virgin Enterprises v. kimberly kerg

NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION

Virgin Enterprises v. kimberly kerg
Claim Number: FA1402001545806

DOMAIN NAME

<virgingalactic.guru>

PARTIES

	Complainant: Virgin Enterprises of Geneva, Switzerland
	Complainant Representative: Stobbs Julius E Stobbs of Cambridge, United Kingdom

	Respondent: kimberly kerg of Portland, OR, US

REGISTRIES and REGISTRARS

	Registries: GURU Registry
	Registrars: Godaddy 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.
	Hector Ariel Manoff, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: February 27, 2014
	Commencement: February 27, 2014
	Default Date: March 20, 2014
	Having reviewed the communications records, the Examiner finds that the National Arbitration 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 proceeding features one Complainant and one Respondent. This Complaint relates to the domain name: <virgingalactic.guru> No domain names are dismissed from this complaint. The Complainant is Virgin Enterprises Limited, a company responsible for the ownership, management and protection of all trademarks and Intellectual Property in the Virgin name. The Virgin Group started its activities in 1970 in the field of selling music records and it currently includes over 200 companies worldwide operating in 32 countries including throughout Europe and the USA, not only in the music field but in different areas. Its trademark VIRGIN is worldwide well-known and the Complainant has got good reputation and goodwill. The Complainant owns trademark VIRGIN GALACTIC in the European Community Registrations No. 004756921 since 2007 and it is used to identify space travel services. VIRGIN GALACTIC name has been submitted and verified with the Trade Mark Clearinghouse (the SMD for this entry is 3381386999381705-1). 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.

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.

The disputed domain name <virgingalactic.guru> is identical to the Complainant’s Trademarks VIRGIN GALACTIC. Examiner finds that the disputed domain name is confusingly similar to the Complainant’s trademark registrations and that Complainant has complied with URS 1.2.6.1 by demonstrating that the disputed domain name is confusingly similar to a mark for which the Complainant holds a valid national registration which is in current use.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Complainant has not authorized Respondent to use its registered trademark VIRGIN GALACTIC. Respondent has not filed a response to this complaint and consequently no evidence was submitted to prove that he is commonly known as VIRGIN GALACTIC. There is no evidence about rights or legitimate interest in VIRGIN GALACTIC and the disputed domain name, or evidence about a fair use either. The lack of legitimate interest is confirmed by Respondent Other Correspondence in which he states he would agree to return the domain. The Examiner finds that the requirements set forth by URS 1.2.6.2 have been also met.

[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.

Since Complainant’s trademarks are prior to the disputed domain name’s registration Examiner concludes that the registration of the disputed domain name (identical to a registered trademark) was made on bad faith. The domain name resolves to a click through site. Examiner finds that the disputed domain name was registered and is being used in bad faith to attract for commercial gain and that Complainant has complied with URS 1.2.6.3.

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:

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:

virgingalactic.guru

Hector Ariel Manoff
Examiner
Dated: March 21, 2014

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