Carlson, Inc. and its subsidiaries et al. v. Wang Liqun et al.
Claim Number: FA1505001619076
Complainant: Carlson, Inc. and its subsidiaries of Minneapolis, Minnesota, United States of America.
Respondent: Wang Liqun of Xinyu, Jiangxi, International, China.
Respondent Representative: None.
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
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: May 12, 2015
Commencement: May 13, 2015
Default Date: May 28, 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 names be suspended for the life of the registration.
Clear and convincing evidence.
The registered domain name(s) are identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use.
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 Complaint alleges, and the Examiner finds, that Respondent is Wang Liqun, an individual resident of China and known cybersquatter. Respondent registered all three of the disputed domain names <countryinns.club>, <parkinn.club> and
<carlsonwagonlit.club> ("Disputed Domains") on May 7, 2015 and is using all three Disputed Domains to redirect to “clickincome” sponsored links pages displaying Complainant’s trademarks and providing links to Complainant’s official
websites. The sponsored links pages also state that the Disputed Domains are for sale, with asking prices of USD 8000 each.
Respondent’s simultaneous registration of all three Disputed Domains containing Complainant’s registered trademarks, as well as Respondent’s use of the Disputed Domains to redirect to sponsored links pages featuring Complainant’s official websites, confirms that Respondent was aware of Complainant’s trademarks at the time of registration.
Complainant’s trademarks are also recorded with the Trademark Clearinghouse (“TMCH”) so Respondent would have been required to click on an Acknowledgement of Trademark Claim when registering the Disputed Domains.
Respondent’s use of the Disputed Domains to display “clickincome” sponsored links pages and offering the Disputed Domains for sale for USD 8000 each is not a bona fide offering of goods or services or a legitimate non-commercial fair use. Respondent has intentionally attempted to create confusion and attract Internet users to its websites, all for commercial gain. Accordingly, Respondent has registered and is using the Disputed Domains in bad faith.
After reviewing the Complainant’s 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 that the following domain names be SUSPENDED for the duration of the registration:
<carlsonwagonlit.club>; <countryinns.club>; <parkinn.club>
David L. Kreider Esq., Examiner
Dated: May 28, 2015
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