national arbitration forum

URS DEFAULT DETERMINATION

EVERBANK v. hu deng xiao

Claim Number: FA1411001591890

DOMAIN NAME

<everbank.xyz>

PARTIES

Complainant: EVERBANK of JACKSONVILLE, Florida, United States of America.

Complainant Representative: CSC Digital Brand Services of Wilmington, Delaware, United States of America.

Respondent: hu deng xiao of hang zhou shi, ZJ, International, CN.

Respondent Representative:

REGISTRIES and REGISTRARS

Registries: XYZ.COM LLC

Registrars: Chengdu West Dimension Digital Technology Co., Ltd.

EXAMINER

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, as Examiner.

PROCEDURAL HISTORY

Complainant submitted: November 24, 2014

Commencement: November 25, 2014

Default Date: December 10, 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

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 owns trademark registrations in the United States and elsewhere for the EVERBANK mark. Complainant’s word mark registrations are in current use.

IDENTICAL OR CONFUSINGLY SIMILAR

The <everbank.xyz> domain name is identical or confusingly similar to Complainant’s EVERBANK word mark, insofar as the domain name incorporates the mark in its entirety.

RIGHTS OR LEGITIMATE INTERESTS

Respondent has not shown a legitimate right or interest in the <everbank.xyz> domain name. Respondent is not commonly known by the EVERBABK mark. Respondent has not made demonstrable preparations to use the domain name for a bona fide offering of goods and services. There is no evidence of fair use.

REGISTRATION AND USE IN BAD FAITH

Respondent registered and is using the domain name in bad faith. Respondent registered the <everbank.xyz> domain name on November 1, 2014, despite receiving notification that the domain name matched a trademark registered with the Trademark Clearinghouse. Respondent is using the domain name to confuse Internet users looking for Complainant’s services, and to mislead Internet users as to the source of the domain and website. Respondent has created a likelihood of confusion between Complainant’s mark and domain name as to the source, sponsorship, affiliation, or endorsement of the domain name. Respondent has shown an intent to capitalize on the fame and goodwill of Complainant’s mark for Respondent’s own pecuniary gain, as evidenced by the presence of multiple pay-per-click links posted to Respondent’s website. Respondent also makes reference to “Everbank Checking Account” and banking and finance services that compete with Complainant.

DETERMINATION

After reviewing Complainant’s submissions, the Examiner determines that

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.

<everbank.xyz>.

Honorable Charles K. McCotter Jr., (Ret.), Examiner

Dated: December 12, 2014