Claim Number: FA1503001610376




   Complainant: LANXESS DEUTSCHLAND GMBH of Köln, Germany
Complainant Representative: Partridge & Garcia P.C. Mark V.B. Partridge of Chicago, IL, United States of America

   Respondent: 王小阳 王小阳 王小阳 of 未填写, 未填写, II, cn


   Registries: XN--SES554G Registry
   Registrars: zdns


   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


   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").


   Complainant requests that the domain name be suspended for the life of the registration.


   Clear and convincing evidence.


   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] 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 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] 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] 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 <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.


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. 


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. lanxess.xn--ses554g


David L. Kreider Esq,
Dated: April 8, 2015



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