NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION
Six Continents Hotels, Inc. v. Maciej Dejewski et al.
Claim Number: FA1501001597910
DOMAIN NAME
<holidayinn.restaurant>
PARTIES
Complainant: Six Continents Hotels, Inc. of Atlanta, GA, United States of America | |
Complainant Representative: The GigaLaw Firm, Douglas M Isenberg, Attorney at Law, LLC
Douglas M Isenberg of Atlanta, GA, United States of America
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Respondent: Maciej Paweł Dejewski of Toruń, --, Poland | |
REGISTRIES and REGISTRARS
Registries: Snow Avenue, LLC | |
Registrars: OVH SAS |
EXAMINER
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. | |
David L. Kreider Esq,, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: January 2, 2015 | |
Commencement: January 2, 2015 | |
Response Date: January 15, 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"). |
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
Procedural Findings: | ||
Multiple Complainants: The HOLIDAY INN brand was founded in 1952. Complainant owns more than 1,700 registrations in at least 200 countries or territories that contain the HOLIDAY INN TM. The HOLIDAY INN TM is registered with ICANN's TM clearinghouse. |
Findings of Fact: [OptionalComment] |
URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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: Determined: Finding for Complainant The Disputed Domain Name <holidayinn.restaurant> is identical to Complainant's registered TM, which is in current use. Complainant has prevailed in other URS proceedings where the domain names have incorporated the HOLIDAY INN TM in its entirety, including the domains <holidayinn.tokyo>; <holidayinn.wang>; and <holidayinn.vegas>. The use of the '.restaurant' TLD is of no legal significance. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Registrant makes no claim of legitimate right or interest to the Disputed Domain Name, but contends only a lack of 'intention to imitate the HOLIDAY INN hotel' and lack of 'intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue', or of any intention to sell the domain to a competitor.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The Disputed Domain Name resolves to a website purporting to offer various web hosting and Internet services, which creates a likelihood of confusion by public Internet users that Respondent's website is sanctioned by, or is being used in connection with Complainant's HOLIDAY INN brand with Complainant's permission, although it is not. The HOLIDAY INN TM is so obviously connected with Complainant, that the Registrant's actions suggest opportunist bad faith, and this Panel so concludes. FINDING OF ABUSE or MATERIAL FALSEHOOD The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
DETERMINATION
After reviewing the parties’ 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(s) be SUSPENDED for
the duration of the registration:
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David L. Kreider Esq,
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