KERING v. zhu lian sheng ji xie ke ji you xian gong si et al.

NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION

KERING v. zhu lian sheng ji xie ke ji you xian gong si et al.
Claim Number: FA1410001586883

DOMAIN NAME

<ppr.wang>

PARTIES

	Complainant: KERING of Paris, France
	Complainant Representative: Cabinet SANTARELLI of Paris, USA

	Respondent: 诸暨市联盛机械科技有限公司军荪潘 of 绍兴市诸暨市, China

REGISTRIES and REGISTRARS

	Registries: Zodiac Leo Limited
	Registrars: 成都西维数码

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 30, 2014
	Commencement: October 31, 2014
	Response Date: October 31, 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]

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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 is identical to Complainant's registered PPR trade mark.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Respondent has made no use to date of the registered domain name. Respondent claims Respondent registered the domain name for the purpose of selling PPR pipes in China. Respondent supports this assertion by exhibiting examples of Internet search results for "PPR" using the Baidu search engine. Yet Respondent has not provided any evidence to show that it is engaged in, or intends to engage in, the business of selling PPR pipes in China.

[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

Respondent claims it has never heard of Complainant. This is belied by the fact one of the Baidu search result pages relied upon by Respondent prominently lists complainant.

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.

Respondent has alleged that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

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:

ppr.wang

Mr. Sebastian Matthew White Hughes
Examiner
Dated: November 3, 2014

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