NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
MARIE CLAIRE ALBUM S.A. v. Benoit Menetrieux
Claim Number: FA1410001583084
DOMAIN NAME
<marieclaire.international>
PARTIES
Complainant: MARIE CLAIRE ALBUM S.A. Geneviève RAFFINI of Issy-les-Moulineaux, France | |
Complainant Representative: Nameshield
Laurent Becker of Angers, France
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Respondent: Benoit Menetrieux of Paris, II, FR | |
REGISTRIES and REGISTRARS
Registries: Wild Way, LLC | |
Registrars: Key-Systems 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. | |
Ms. Natalia Stetsenko, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: October 3, 2014 | |
Commencement: October 3, 2014 | |
Default Date: October 20, 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: [OptionalComment] |
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 is the owner of the French word trademark “MARIE CLAIRE” no. 17121118, registered on December 16, 1991 for, among others, the goods of class 16 of the Nice Classification (particularly for magazines), and filed on April 29, 2013 in the TrademarkClearingHouse, as evidenced by submitted extracts from the trademark register and the Proof of use issued by the Clearinghouse. The disputed domain name <marieclaire.international> is identical to the registered trademars of Complainant as it incorporates the registered word mark in its entirety. Adding the gTLD “international” increases the likelihood of confusion since Complainant’s magazines are distributed internationally. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent failed to provide any response within the terms provided by the URS procedure, thus did not provide any arguments. Being listed as the registrant under the name Benoit Menetrieux in the WHOIS records, he is not known under the name Marie Claire. In the absence of any arguments to the contrary, based on the submitted evidences and taking into account the fame of the subject trademark, it is resolved that the second element of the policy under URS 1.2.6.2 has been satisfied.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The disputed domain name is not in use. However, registration of a domain name incorporating a famous mark by a third party having no right or legitimate interest in it, still blocks access to this domain by the trademark holder. Previous panels in similar cases reviewed under the UDRP policy found that “passive holding” of a domain name may qualify for bad faith under certain circumstances (see WIPO – D2004-0988 - CBS Inc. v. Nabil Z.aghloul; see also WIPO – DAU2013-0005 – Cobb International Limited v. Cobb Australia & New Zealand (Pty) Ltd.). Thus, Complainant has made a prima facie case, proven by clear and convincing evidence, for each of the three elements under URS 1.2.6 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:
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Ms. Natalia Stetsenko Examiner
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