NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
International Business Machines Corporation v. Registrant of ibm.xn--3ds443g
Claim Number: FA1406001566691
DOMAIN NAME
<ibm.xn--3ds443g>
PARTIES
Complainant: International Business Machines Corporation of Armonk, NY, United States of America | |
Respondent: Registrant of ibm.xn--3ds443g c/o WHOIStrustee.com Limited of Johnsonville, II, NZ | |
REGISTRIES and REGISTRARS
Registries: TLD REGISTRY LIMITED | |
Registrars: 1API GmbH (R3197-AGRS) |
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. | |
Carol Stoner Esq., as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: June 25, 2014 | |
Commencement: June 26, 2014 | |
Default Date: July 11, 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
Procedural Findings: | ||
Multiple Complainants: No Complainants and no domain names are to be dismissed from this Complaint. | ||
Multiple Respondents: No Respondents and no domain names are to be dismissed from this Complaint. |
Findings of Fact: Examiner has reviewed all evidence, including Notice of Complaint, Complaint, URS Site Screenshot, URS Proof of Use, URS Trademark Information, Verification Registry, Service by Mail and Notice of Default. Respondent has not presented a Response. Examiner has concluded that this evidence is clear and convincing, in support of Complaint's contentions, in its submitted Complaint. |
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 has presented clear and convincing evidence that the registered domain name is identical or confusingly similar to a word mark for which the Complainant holds a valid national or regional registration and that is in current use, in accordance with URS 1.2.6.1. Registrant has presented no defense. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has presented clear and convincing evidence that Registrant has no legitimate right or interest to the domain name, in accordance with URS 1.2.6.2. Registrant has presented no defense.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant has presented clear and convincing evidence to prove that the disputed domain name was registered and used in bad faith. Complainant's evidence has established that, in accordance with URS 1.2.6.3d, 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 website or location or of a product or service on that web site or location. Registrant has presented no defense. 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:
Examiner has determined that 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:
|
Carol Stoner Esq. Examiner
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