NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION


Schneider Electric SA v. harvey zhu et al.
Claim Number: FA1502001605194


DOMAIN NAME

<schneider-electric.wang>


PARTIES


   Complainant: Schneider Electric SA of RUEIL-MALMAISON, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: harvey zhu zhu harvey of Fo Shan Shi, Guang Dong, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Zodiac Leo Limited
   Registrars: Alibaba Cloud Computing Ltd

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: February 17, 2015
   Commencement: February 18, 2015
   Default Date: March 13, 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]

  

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for 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 


Complainant is the owner of an international trademark registration for the trademark SCHNEIDER ELECTRIC covering no less than 73 jurisdictions and registered since March 15, 1999 (the "Trademark"). The registered domain name is identical to the Trademark. It comprises the Trademark in its entirety together with the gTLD .wang (the pinyin version in Romanized text of the Chinese character meaning "Internet").


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

Determined: Finding for Complainant 


There is no evidence that Respondent has any legitimate rights or interests in the domain name. Respondent has made no use of the domain name.


[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 domain name is identical to the Trademark. The Trademark has been registered with the Trademark Clearinghouse since November 26, 2013. Respondent must therefore have been aware of the Trademark and of Complainant's rights in the Trademark when it registered the domain name. Respondent has made no use of the domain name. In all the circumstances, the Examiner has no hesitation in determining the domain name was registered and is being used in 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:


  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. schneider-electric.wang

 

Mr. Sebastian Matthew White Hughes
Examiner
Dated: March 16, 2015

 

 

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