Bloomberg L.P. v. Scott Sendek
Claim Number: FA1411001589566
Complainant: Bloomberg L.P. of New York, New York, United States of America.
Complainant Representative:
Respondent: Scott Sendek - of Washington, District of Columbia, US.
REGISTRIES and REGISTRARS
Registries: Republican State Leadership Committee, Inc.
Registrars: Minds + Machines Registrar Limited
The undersigned certifies that he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Examiner in this proceeding.
Charles K. McCotter, Jr. (Ret.), as Examiner.
Complainant submitted: November 11, 2014
Commencement: November 14, 2014
Default Date: December 2, 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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the 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.
FINDINGS OF FACT
Complainant, Bloomberg L.P., uses the BLOOMBERG mark with its electronic trading, financial news, and information businesses.
IDENTICAL OR CONFUSINGLY SIMILAR
The <bloomberg.gop> domain name is confusingly similar to a word mark for which Complainant holds a valid national registration and that is in current use. The <bloomberg.gop> domain name incorporates the BLOOMBERG mark and adds the extension “.gop.”
RIGHTS OR LEGITIMATE INTERESTS
Respondent has no legitimate right or interest to the <bloomberg.gop> domain name. Complainant has not licensed or authorized Respondent to use the BLOOMBERG mark. Respondent is not commonly known by the name “Bloomberg.” Respondent uses the <bloomberg.gop> domain name to point to a non-functioning website.
REGISTRATION AND USE IN BAD FAITH
The <bloomberg.gop> domain name was registered and is being used in bad faith. Complainant has a strong reputation and a high-profile presence in the financial and media sectors. Respondent was aware of Complainant’s mark before registering the domain name.
After reviewing the Complainant’s 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 be SUSPENDED for the duration of the registration.
bloomberg.gop
Charles K. McCotter, Jr., Examiner
Dated: December 05, 2014
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