FUTBOL CLUB BARCELONA v. Unibon Oy
Claim Number: FA1406001564810
Complainant: FUTBOL CLUB BARCELONA of Barcelona, Spain.
Complainant Representative:
Complainant Representative: HERRERO & ASOCIADOS of MADRID, Spain.
Respondent: Unibon Oy of Helsinki, International, Finland.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
Registrars: 101domain, Inc.
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.
Tuukka Ilkka Airaksinen, as Examiner.
Complainant submitted: June 17, 2014
Commencement: June 24, 2014
Default Date: July 9, 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 football club based in Barcelona, Spain and it has shown that it is the proprietor of the registered trademark BLAUGRANA.
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.
The mark is currently in use. URS 1.2.6.1 (i) is satisfied. The entire domain name is, ignoring the gTLD .club, is identical to the Complainant's trademark.
There is no evidence that the Respondent is known by the name BLAUGRANA. The domain name resolves to a parking page provided by 101domain.com, which cannot be considered as bona fide use of the name in commerce. The Respondent has explained that the domain name has certain meaning for it and has referred to other domain names registered by it without submitting any evidence. This cannot be considered as evidence of legitimate rights or interest to the domain name.
In its response, the Respondent says that it is not prepared to settle the case without compensation. Considering this and the fact that the relevant gTLD is .club and the domain name is a registered trademark of a well-known football club, the Panel finds that the Respondent's intention was to sell the domain name to the Complainant for a profit.
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.
blaugrana.club
Tuukka Ilkka Airaksinen, Examiner
Dated: July 10, 2014
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