NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION
Six Continents Hotels, Inc. v. gao tianyong et al.
Claim Number: FA1501001597912
DOMAIN NAME
<holidayinn.club>
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: gao tianyong gao tianyong of beijing, II, China | |
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC | |
Registrars: 101Domain, Inc. |
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 12, 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
Findings of Fact: Complainant's Holiday Inn brand, founded in 1952, is used in connection with 1,168 hotels. Complainant owns more than 1,700 TM registrations in at least 200 countries or territories that contain the 'Holiday Inn' mark. The TM is registered with the ICANN Trademark Clearing House. |
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.club> is identical to Claimant's valid, nationally registered TM that is in current use, as is reflected to a 'clear and convincing' standard by Claimant's documentary evidence. Claimant has prevailed in other NAF URS proceedings, including in relation to the domains <holidayinn.tokyo>; <holidayinn.wang>; and <holidayinn.vegas>. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent has no legitimate right or interest to the Disputed Domain Name. Respondent is using the domain to re-direct Internet traffic to its own website, the content of which is highly likely to mislead public Internet users.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The 'Holiday Inn' TM is so obviously connected with Claimant that Respondent's actions reflect opportunistic bad faith. 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:
|
David L. Kreider Esq,
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page