Add2Net, Inc. v. Xu Qing Guan et al.
Claim Number: FA1504001613785




   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

   Respondent: taobao xu qing guan of zhumadian, China


   Registries: Zodiac Leo Limited
   Registrars: Alibaba Cloud Computing Ltd


   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: 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").


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


   Clear and convincing evidence.


   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] 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 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] 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] 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 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.


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. lunarpages.wang


David L. Kreider Esq,
Dated: April 15, 2015



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