NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION


Lockheed Martin Corporation v. liang ru yue et al.
Claim Number: FA1501001598659


DOMAIN NAME

<lockheedmartin.xyz>


PARTIES


   Complainant: Lockheed Martin Corporation of Bethesda, MD, United States of America
  
Complainant Representative: McDermott Will & Emery LLP Lynne M. J. Boisineau of Irvine, CA, USA

   Respondent: liang ru yue liang ru yue of shixiaqu, shanghaishi, II, China
  

REGISTRIES and REGISTRARS


   Registries: XYZ.COM LLC
   Registrars: Xin Net Technology Corp.

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.
   Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: January 7, 2015
   Commencement: January 8, 2015
   Response Date: January 22, 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: [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 registered domain name is identical to Complainant's well-known LOCKHEED MARTIN trade mark, registered both in the United States of America, and in China, where Respondent is based.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Respondent has made no use of the registered domain name and has not provided any evidence to otherwise establish any rights or legitimate interests in the domain name. Respondent claims, as it registered the domain name during the "open period" for .xyz domains, Respondent has legitimate rights and interests on the basis of Respondent's ill-founded "first come, first served" understanding of domain name registration.


[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 registered domain name has been passively held. Although there is no evidence Respondent has been using the domain name to generate any revenue by way of sponsored links, given the notoriety of the LOCKHEED MARTIN trade mark, the Examiner has no hesitation in concluding that, in all the circumstances of this case, bad faith registration and use has been made out. The Examiner agrees with Complainant's submissions that, any use of the domain name in future would likely lead to consumer confusion, given the repute of Complainant's LOCKHEED MARTIN trade mark. The Examiner also has no hesitation in concluding that Respondent was well aware of Complainant and of its trade mark rights when Respondent registered the domain name.


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.

Respondent has alleged 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. 

There are no grounds whatsoever for a finding of abuse or 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. lockheedmartin.xyz

 


Mr. Sebastian Matthew White Hughes
Examiner
Dated: January 27, 2015

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page