Six Continents Hotels, Inc. v. hong yong et al.

NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION

Six Continents Hotels, Inc. v. hong yong et al.
Claim Number: FA1410001587022

DOMAIN NAME

<holidayinn.wang>

PARTIES

	Complainant: Six Continents Hotels, Inc. of Atlanta, GA, United States of America
	Complainant Representative: The GigaLaw Firm, Douglas M Isenberg, Attorney at Law, LLC Douglas M Isenberg of Atlanta, GA, United States of America

	Respondent: hong yong yong hong of shanghai, shanghai, II, China

REGISTRIES and REGISTRARS

	Registries: Zodiac Leo Limited
	Registrars: 上海美橙

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 28, 2014
	Commencement: October 29, 2014
	Default Date: November 13, 2014
	Default Decision Date: November 18, 2014
	Response Date: November 21, 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 well-known HOLIDAY INN trade mark, registered for several decades in numerous jurisdictions worldwide.

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

Determined: Finding for Complainant

Respondent has failed to adduce any credible evidence of legitimate rights or interests in the domain name. Respondent asserts rights on the basis of having successfully registered the domain name. Respondent also asserts the domain name was registered in order to set up an "emotion" website following a memorable stay at one of Complainant's HOLIDAY INN hotels, together with his girlfriend, in March 2010. The evidence suggests, however, the domain name has been resolved to a website which reproduces the corporate livery used by Complainant in respect of its HOLIDAY INN trade mark, and provides sponsored links to third party websites relating to hotels and accommodation services.

[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

The evidence demonstrates Respondent has registered and used the domain name in bad faith, in respect of unauthorised sponsored links, in contravention of URS paragraph 1.2.6.3.d.

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.

Respondent's bare assertion is wholly unsubstantiated by any evidence.

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:

holidayinn.wang

Mr. Sebastian Matthew White Hughes
Examiner
Dated: November 24, 2014

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