Aston Martin Lagona Limited v. ziyang lou
Claim Number: FA1411001590525
Complainant: Aston Martin Lagona Limited of Warwick, United Kingdom.
Complainant Representative:
Complainant Representative: Aaron B Newell of London, United Kingdom.
Respondent: ziyang lou of Coventry, International, UNITED KINGDOM.
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
Registrars: GoDaddy.com, LLC
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.
The Honorable Charles K. McCotter, Jr. (Ret.), as Examiner.
Complainant submitted: November 18, 2014
Commencement: November 19, 2014
Default Date: December 4, 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, Aston Martin Lagona Limited, founded in 1913, is the manufacturer of Aston Martin luxury vehicles. Complainant is world renowned and owns numerous trademarks worldwide for the ASTON MARTIN mark, including CTM registration no 8367815 covering, among other things, retail services, sporting and cultural activities, clubs, organization of sporting events.
Respondent registered the <astonmartin.club> domain name despite notification that the domain name matched a trademark registered with the Trademark Clearinghouse.
IDENTICAL OR CONFUSINGLY SIMILAR
The <astonmartin.club> domain name is confusingly similar to a word mark for which Complainant holds a valid national registration and that is in current use. The domain name incorporates the ASTON MARTIN mark and adds the extension “.club.”
RIGHTS OR LEGITIMATE INTERESTS
Respondent has no legitimate right or interest to the <astonmartin.club> domain name. Respondent is not authorized to use Complainant’s mark. Respondent is not commonly known by the name “Aston Martin.” Respondent uses the <astonmartin.club> domain name for a website featuring click-through advertising.
REGISTRATION AND USE IN BAD FAITH
The <astonmartin.club> domain name was registered and is being used in bad faith. Respondent registered the domain name to prevent Complainant from reflecting the mark in a corresponding domain name. Respondent has attempted to attract traffic for commercial gain through use of the mark.
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. <astonmartin.club>
The Honorable Charles K. McCotter Jr., (Ret.), Examiner
Dated: December 09, 2014
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page