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:
  (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.

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.
  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.

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:


  1. 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:

  1. ibm.xn--czru2d

 

Mr. Sebastian Matthew White Hughes
Examiner
Dated: October 27, 2014

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page