URS DEFAULT DETERMINATION
LANXESS DEUTSCHLAND GMBH v. 王小阳
Claim Number: FA1503001610376
DOMAIN NAME
<lanxess.xn--ses554g>
PARTIES
Complainant: LANXESS DEUTSCHLAND GMBH of Köln, Germany | |
Complainant Representative: Partridge & Garcia P.C.
Mark V.B. Partridge of Chicago, IL, United States of America
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Respondent: 王小阳 王小阳 王小阳 of 未填写, 未填写, II, cn | |
REGISTRIES and REGISTRARS
Registries: XN--SES554G Registry | |
Registrars: zdns |
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: March 19, 2015 | |
Commencement: March 24, 2015 | |
Default Date: April 8, 2015 | |
Having reviewed the communications records, the Examiner finds that the 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 has used the LANXESS marks in connection with the development, manufacturing and marketing of plastics, rubber, intermediates and specialty chemicals since at least as early as 2004, and the marks remain in use worldwide today, including in China. Complainant asserts that as a result of extensive use, promotion and advertisement, the LANXESS marks are some of the most famous marks in the chemicals industry and source of significant goodwill for the Complainant. |
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: Determined: Finding for Complainant The Complainant has provided evidence of the current use of the LANXESS U.S. trademark Registration No. 3,154,793, as verified by the Trademark Clearinghouse, as well as evidence of the Complainant's use of the mark in China on its website <http://lanxess.cn>. The Complainant cites the panel decision in Morgan Stanley v. 摩根士丹利信息技术(上海)有限公司, NAF Claim Number FA1412001595174 (holding that <morganstanleychina.xnses554g> is identical to the complainant’s MORGAN STANLEY trademark, in part because the gTLD .xn--ses554g does not distinguish the domain name from the complainant’s mark). [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Complainant has not authorized Respondent to use its fanciful LANXESS trademark. The Respondent’s use is not a legitimate noncommercial or fair use, and is not in connection with a bona fide offering of goods or services.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The domain name <lanxess.xn--ses554g> does not resolve to an active website. Despite receiving notice of Complainant’s rights from the registrar, via the Trademark Clearinghouse Claims rights protection mechanism, Respondent proceeded to register and is passively holding the disputed 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. 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:
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David L. Kreider Esq, Examiner
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