URS DEFAULT DETERMINATION


Virgin Enterprises Limited v. DataCenter et al.
Claim Number: FA1505001618399


DOMAIN NAME

<virginmedia.business>


PARTIES


   Complainant: Virgin Enterprises Limited Victoria Wisener of London, --, United Kingdom
  
Complainant Representative: Stobbs Julius E Stobbs of Cambridge, United Kingdom

   Respondent: DataCenter James Smith of Littlehampton, West Sussex, II, GB
  

REGISTRIES and REGISTRARS


   Registries: Spring Cross, LLC
   Registrars: Godaddy LLC

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.
   Jeffrey M. Samuels, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: May 12, 2015
   Commencement: May 12, 2015
   Default Date: May 27, 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 owns a number of UK and Community Trademark registrations for the marks VIRGiN and VIRGIN MEDIA. The Virgin Group originated in 1970 and has expanded into over 200 businesses operating in 32 countries.

  

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:
  (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 disputed domain name incorporates the VIRGIN MEDIA mark it's entirety adding only the descriptive term "business."


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


The domain name resolves to a website that states that content is coming.


[URS 1.2.6.3] 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 


Given the longstanding use of Complainant's marks, the Examiner finds that the disputed domain name was registered in an effort to trade off of the goodwill and renown of Complainant's marks. Further evidence of bad faith consists of the registrant's passive use of the domain name and its failure to respond to Complainant's requests to resolve this matter.


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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. virginmedia.business

 

Jeffrey M. Samuels
Examiner
Dated: May 28, 2015

 

 

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