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
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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: 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.
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:
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:
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Mr. Sebastian Matthew White Hughes
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