URS DEFAULT DETERMINATION

 

LVMH SWISS MANUFACTURES SA v. Domains By Proxy, LLC et al.

Claim Number: FA1504001614999

 

DOMAIN NAME

<tagheuer.club>

 

PARTIES

Complainant:  LVMH SWISS MANUFACTURES SA of LA-CHAUX-DE-FONDS, Switzerland.

 

Complainant Representative: DOMAINOO of Paris, France.

 

Respondent:  Khita Kongsansatien of Bangkok, TH.

Respondent Representative:  NONE

 

REGISTRIES and REGISTRARS

Registries:  .CLUB DOMAINS, LLC

Registrars:  GoDaddy.com, LLC

 

EXAMINER

The undersigned certifies that he 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.

 

James Bridgeman, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: April 17, 2015

Commencement: April 20, 2015   

Default Date: May 5, 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

This Examiner accepts Complainant’s submissions and finds that Complainant has provided clear and convincing evidence that Complainant holds a valid national or regional registration and that is in current use namely the international word trademark “TAG HEUER” n°689 200 duly registered since March, 24th, 1998 in class 14, designating notably “horological and chronometric instruments” and which was registered with the Trademark Clearing House.

 

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.

 

The domain name <tagheuer.club> which is the subject of the Complaint is identical to Complainant’s TAG HEUER trademark. The <.club> gTLD extension may be ignored for the purpose of comparison.

 

Complainant has provided clear and convincing evidence that Respondent possesses no legitimate rights or interests in said domain name. TAG HEUER is a distinctive and well known trademark. Complainant has not authorized the registration of such a domain name by the Respondent.

 

Complainant has also provided clear and convincing evidence that Respondent registered and is being used in bad faith.

 

TAG HEUER is a distinctive trademark with an international reputation and on the balance of probabilities Respondent was aware of Complainant’s trade mark at the time of registration of the identical domain name.

 

Respondent is passively holding said <tagheuer.club> domain name which does not resolve to any active website. In the circumstances Complainant has made out a prima facie case that Respondent has registered and is using said domain name in bad faith, primarily for the purpose of selling said domain name registration to Complainant who is the owner of the TAG HEUER registered trademark or to a third party, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name.

 

DETERMINATION

After reviewing the Complainant’s submissions, the Examiner determines that Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration:

<tagheuer.club>

 

 

 

James Bridgeman, Examiner

Dated:  May 06, 2015