Deutsche Lufthansa AG v. Mikhail Polikutin
Claim Number: FA1412001594683
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany.
Complainant Representative: Rauschhofer Rechtsanwälte of Wiesbaden, Germany.
Respondent: Mikhail G Polikutin of Yaroslavl, International, RU.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Foundation for Assistance for Internet Technologies and Infrastructure Development (FAITID)
Registrars: Regional Network Information Center, JSC dba RU-CENTER
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.
Anne M. Wallace, as Examiner.
Complainant submitted: December 11, 2014
Commencement: December 12, 2014
Default Date: January 7, 2015
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.
Complainant has a registered trademark for the LUFTHANSA mark and has demonstrated the mark is in current use. The Disputed Domain Name <lufthansa.moscow> is confusingly similar to Complainant’s mark. Registrant has no legitimate right or interest in the Disputed Domain Name. Registrant has registered and is using the Disputed Domain Name in bad faith.
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.
<lufthansa.moscow>
Anne M. Wallace, Examiner
Dated: January 12, 2015
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