NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
International Business Machines Corporation v. 吴元桧
Claim Number: FA1410001583877
DOMAIN NAME
<ibm.xn--czru2d>
PARTIES
Complainant: International Business Machines Corporation of Armonk, NY, United States of America | |
Respondent: 吴元桧 吴元桧 吴元桧 of 上海市, II, CN | |
REGISTRIES and REGISTRARS
Registries: Zodiac Capricorn Limited | |
Registrars: 北京国旭网络 |
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. | |
Mr. Sebastian Matthew White Hughes, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: October 8, 2014 | |
Commencement: October 9, 2014 | |
Default Date: October 24, 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 The registered domain name contains Complainant's well-known IBM trade mark in its entirety. Complainant's mark has been recognised as a well-known mark in China, where Respondent is based. The other elements in the registered domain name do not serve to distinguish the registered domain name from Complainant's mark in any significant way. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Respondent Respondent has made no use of the registered domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Passive use of a domain name can amount to bad faith, in particular where the domain name comprises or is confusingly similar to a well-known mark. Given the notoriety of Complainant's mark, including in China, where Respondent is based, in all the circumstances, including in particular Respondent's failure to demonstrate any rights or legitimate interests in the registered domain name; Respondent's failure to respond to Complainant's cease and desist letter; and Respondent's default in this proceeding, the Examiner finds the registered domain name was registered and is being used in bad faith. 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:
|
Mr. Sebastian Matthew White Hughes Examiner
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