Lockheed Martin Corporation v. Hand ofYes
Claim Number: FA1411001590665
Complainant: Lockheed Martin Corporation of Bethesda, Maryland, United States of America.
Complainant Representative: McDermott Will & Emery LLP of Irvine, California, United States of America.
Respondent: Hand of Yes of Sydney, New South Wales, International, Australia.
Respondent Representative: none
REGISTRIES and REGISTRARS
Registries: Dot GLOBAL AS
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.
Debrett Gordon Lyons, as Examiner.
Complainant submitted: November 20, 2014
Commencement: November 21, 2014
Default Date: December 8, 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.
Findings of Fact:
Even though the Respondent has defaulted, URS Procedure 1.2.6. requires the 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 is 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.
The Complainant provided documentary evidence that it is the registered owner of United States Federal Trademark Regn. No. 2762006 for LOCKHEED MARTIN, registered from December 11, 2002, as well as documents to show that the trademark is in current use.
The disputed domain name fully incorporates the Complainant’s trademarks and merely adds the extension “.global”. It is well established that the specific top level domain name is generally not an element of distinctiveness that can be taken into consideration when evaluating the identity or confusing similarity between trademark and disputed domain name.
The Examiner finds that the disputed domain name is identical to the Complainant’s trademark and that the Complainant satisfied the elements of URS Procedure 1.2.6.1.
[1.2.6.2.] The Registrant has no legitimate right or interest to the disputed domain name.
The disputed domain name is used in connection with a placeholder website provided by the Respondent’s hosting provider which carries links to sponsored websites.
The Complainant argues that the Respondent has no right or legitimate interest to the disputed domain name, that he has never been authorized by the Complainant to register the disputed domain name, that he has no connection or affiliation with the Complainant, and that the Respondent is using the website under the disputed domain name as described.
The Respondent did not deny these assertions in any way and therefore failed to prove any rights or legitimate interests in the disputed domain name.
The Examiner finds that Respondent has no rights to or legitimate interests in the disputed domain name and that the Complainant satisfied the elements of URS Procedure 1.2.6.2.
[1.2.6.3.] The disputed domain name was registered and is being used in bad faith.
Examiner finds it plain that the registration of the disputed domain name is targeting the Complainant and its trademark, as the disputed domain name fully incorporates the Complainant’s well-established trademark, an arbitrary term for which there is no reason to expect legitimate third party use. Absent a response there is no plausible reason to find registration of the disputed domain name by the Respondent in good faith. The use of the domain name is in bad faith.
The Examiner finds that the disputed domain name was registered and is being used in bad faith and that the Complainant satisfied the elements of URS Procedure 1.2.6.3.
No abuse or material falsehood.
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 names be SUSPENDED for the duration of the registration.
Debrett Gordon Lyons, Examiner
Dated: December 11, 2014
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