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

   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:
  (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.

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.
  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.

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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. holidayinn.restaurant

 


David L. Kreider Esq,
Examiner
Dated: January 15, 2015

 

 

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