Dr. Ing. h.c. F. Porsche AG v. Park Place Motorcars, LTD
Claim Number: FA1404001553872
Complainant: Dr. Ing. h.c. F. Porsche AG of Stuttgart, Germany.
Complainant Representative:
Complainant Representative: Lichtenstein, Körner and Partners of Stuttgart, Unknown, Germany.
Respondent: Park Place Motorcars, LTD of Dallas, Texas, United States of America.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: GURU Registry
Registrars: Network Solutions, LLC
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.
Jonathan Agmon, as Examiner.
Complainant submitted: April 13, 2014
Commencement: April 14, 2014
Default Date: April 29, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The Complainant is a well-known maker of cars. The Complainant has been a maker of sports cars for more than 70 years, utilizing the trademark PORSCHE as the prominent and distinctive part in its trade name. The trademark PORSCHE is well-known throughout the world and enjoys a reputation for high quality performance sports cars. The Complainant’s cars are distributed worldwide through a network of official dealers.
The Complainant is the owner of numerous trademark registrations for the PORSCHE marks around the world. For example:
United States registration No. 0618933 – PORSCHE, with the registration date of January 10, 1956; International registration No. 562572 – PORSCHE, with the registration date of October 27, 1990 and etc.
Complainant asserts the following regarding the Respondent;
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use.
2. Registrant has no legitimate right or interest to the domain name [URS 1.2.6.2].
3. The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other online 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.
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.
Complainant is the owner of numerous trademark registrations for PORSCHE, including U.S. Reg. No. 618933 and International registration No. 562572.
The domain name includes the Complainant's mark in its entirety, together with the gTLD ".guru".
Therefore, the Panel finds that the <porsche.guru> domain name is identical to the WOLFRAM mark pursuant to URS Procedure 1.2.6.1.
Determined: Registrant has no legitimate right or interest to the domain name - Finding for Complainant
There is no evidence that Respondent is known as PORSCHE. The domain name resolves to a parking page. Complainant has met its burden. Respondent provided no response to the complaint.
Therefore, the Panel finds that the Complaint meets URS requirement of 1.2.6.2.
Determined: The domain name(s) was/were registered and is being used in bad faith - Finding for Complainant
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.
The Complainant has satisfied URS 1.2.6.3 (b) since the Respondent must have known of the Complainant's well-known mark when registering the domain name and when using the website under the domain name as parking website with advertising related to car sales.
The Examiner finds that the Complaint was neither abusive nor contained material falsehoods.
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 the following domain names be SUSPENDED for the duration of the registration.
<porsche.guru>
Jonathan Agmon, Examiner
Dated: May 1, 2014
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