URS FINAL DETERMINATION
Add2Net, Inc. v. Xu Qing Guan et al.
Claim Number: FA1504001613785
DOMAIN NAME
<lunarpages.wang>
PARTIES
Complainant: Add2Net, Inc. of Anaheim, CA, United States of America | |
Complainant Representative: Cohen Business Law Group, apc
Jeffrey A Cohen of Los Angeles, CA, United States of America
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Respondent: taobao xu qing guan of zhumadian, China | |
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. | |
David L. Kreider Esq,, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: April 9, 2015 | |
Commencement: April 13, 2015 | |
Response Date: April 15, 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: Since as early as 2001 Add2Net, Inc. has had exclusive use of the trademark LUNARPAGES (Mark) for and in connection with the Services. Add2Net, Inc. is the owner of the federally registered trademark LUNARPAGES (U.S. Registration Numbers 4001196 and 3179173) (the “Mark”) for various international classes in association with such use. Both registrations have achieved section 8 and 15 incontestability status. On June 11, 2014, Add2Net registered the Mark with the Trademark Clearinghouse (TMCH); the Marks status with the TMCH is VERIFIED. |
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 Examiner is fluent in English and in Mandarin Chinese (Putonghua). The Complaint was submitted in English and the Response in Chinese. Pursuant to the discretion accorded under Art. 9(c) of the URS Rules, the Examiner has determined to issue its determination in English. Complainant alleges the the Disputed Domain Name is identical to Claimant's registered Mark. The Respondent alleges in Chinese only that he "doesn't know what this means and doesn't know what to write, and that he registered the Disputed Domain Name for the purpose of building a website, although he has not yet done so". [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Complainant alleges that the Registrant has never sought or been granted any right from Add2Net or anyone else to use the Mark and that the Registrant is not commonly known by the Mark or the Domain Name. The Respondent alleges in Chinese that he "registered the name and paid the registration fees, so it [the Disputed Domain Name] should be his to use", in total disregard for the Complainant's prior rights.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The Complainant alleges The Registrant appears to be a serial cybersquatter. The attached reverse Whois search result show Registrant is the owner of 215 domains, 6 of which are within the .Wang registry. The purpose of these registrations appears to be resale alone. When Registrant registered the Domain Name it would have received a notification that the Domain Name matched a registered trademark. Registrant was required to click on the Registrar’s notice Acknowledging the trademark Claim. Registrant was therefore aware of Lunarpages’ trademark rights when it registered the Domain Name. Consequently, Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s website by creating a likelihood of confusion with the Mark. The Respondent alleges in Chinese that he "is not using the [Disputed Domain Name] in bad faith; does not know the Complainant's company or its business; that he [the Respondent] is an individual registrant and not a competitor of the Complainant and is not selling merchandise of any kind". The Examiner accepts the Complainant's contentions and finds that the facts establish bad faith registration and use, and show a pattern of such conduct. 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,
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