International Business Machines Corporation v. wujianhua
Claim Number: FA1406001563771
Complainant: International Business Machines Corporation of Armonk, New York, United States of America.
Complainant Representative:
Respondent: wujianhua of putianshi, International, CN.
Respondent Representative:
REGISTRIES and REGISTRARS
Registries: TLD REGISTRY LIMITED
Registrars: Xin Net Technology Corporation
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.
The Honorable Charles K. McCotter, Jr. (Ret.), as Examiner.
Complainant submitted: June 10, 2014
Commencement: June 12, 2014
Default Date: June 27, 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.
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.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
[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.
FINDINGS OF FACT
Complainant owns several federal trademark registrations for IBM including, among others, U.S. Trademark Registration No. 1,205,090, registered on August 17, 1982; U.S. Trademark Registration No. 1,243,930, registered on June 28, 1983; U.S. Trademark Registration Nos. 1,694,814 and 1,696,454, registered on June 16, 1992 and June 23, 1992, respectively; and U.S. Trademark Registration No. 4,181,289, registered on July 31, 2012. Complainant also owns the following IBM trademarks registrations in China: Registration No. 5,744,987, Registration No. 5,744,986, Registration No. 5,744,985, Registration No. 5,744,984, Registration No. 5,744,983, Registration No. 5,744,982, Registration No. 5,744,981, and Registration No. 5,744,980. Complainant’s word mark registrations are in current use.
IDENTICAL OR CONFUSINGLY SIMILAR
The <ibm.xn--fiq228c5hs> domain name is identical or confusingly similar to Complainant’s IBM word mark, insofar as the domain name incorporates the mark in its entirety.
RIGHTS OR LEGITIMATE INTERESTS
Respondent has not shown a legitimate right or interest in the <ibm.xn--fiq228c5hs> domain name. IBM is not Respondent’s name. Respondent has not made demonstrable preparations to use the domain name for a bona fide offering of goods and services. There is no evidence of fair use. There is no evidence that Respondent is using or plans to use the disputed domain name for a bona fide offering of goods or services.
REGISTRATION AND USE IN BAD FAITH
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 name be SUSPENDED for the duration of the registration.
The Honorable Charles K. McCotter, Jr. (Ret.), Examiner
Dated: June 28, 2014
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page