NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
Banco Bilbao Vizcaya Argentaria, S.A. v. farris nawas
Claim Number: FA1403001547721
DOMAIN NAME
<bbva.careers>
PARTIES
Complainant: Banco Bilbao Vizcaya Argentaria, S.A. Gestion Dominios of Madrid, --, Spain | |
Respondent: farris nawas of Austin, TX, US | |
REGISTRIES and REGISTRARS
Registries: CAREERS 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. | |
Flip Jan Claude Petillion, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: March 10, 2014 | |
Commencement: March 10, 2014 | |
Default Date: March 25, 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: Complainant is a global financial group which develops its business providing financial services in several countries, such us Spain and Mexico and operating under its BBVA trademark. Complainant holds trademark registrations in several jurisdictions and has registered rights in the European community trademark BBVA. Respondent registered the disputed domain name on March 5, 2014. The disputed domain name redirects to a parking page containing sponsored links. |
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 Complainant shows to be the holder of valid national and regional registrations the BBVA trademark and that the trademark is in current use. Examiner finds that the disputed domain name <bbva.careers> is identical to the Complainant’s BBVA Trademark and that the condition under URS 1.2.6.1 has been met. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has not authorized Respondent to use its registered trademark BBVA. Respondent has not submitted any evidence to prove that he is commonly known as BBVA or under the disputed domain name. There is no evidence about rights or legitimate interest in BBVA and the disputed domain names, or evidence about a fair use either. Therefore, Examiner finds that URS 1.2.6.2 is also fulfilled.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The site regarding the disputed domain names includes pay per click links including advertising for financial services. Since they are the same serviced provided by Complainant there is likelihood of leading the consumers into confusion. Examiner finds that Respondent is trying to take advantage of Complainant’s fame. Taking into account that Complainant’s trademarks were already in existence prior to the disputed domain name registration, Examiner concludes that the registration of the disputed domain names was made on bad faith. Respondent knew or must have known the trademark BBVA when he applied for the disputed domain name. Examiner finds that the disputed domain name were registered and are 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:
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:
|
Flip Jan Claude Petillion Examiner
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