Bloomberg L.P. v. sun peng et al.
Claim Number: FA1505001619343
Complainant: Bloomberg L.P. of New York, New York, United States of America.
Respondent: Sun Peng of Hang Zhou Chun An, China.
sun peng of Hang Zhou Chun An, ZJ, International, cn.
trade of changsha, China.
REGISTRIES and REGISTRARS
Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
Registrars: Chengdu West Dimension Digital Technology Co., 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: May 14, 2015
Commencement: May 18, 2015
Response Date: May 18, 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").
The Examiner notes that the Respondent, whose address is shown as Hangzhou City, "ZJ" (Zhejiang Province), China, submitted a Response in English. Under these circumstances, the Examiner, who is fluent in Mandarin Chinese (Putonghua), in addition to his native English, exercises the discretion afforded under Rule 9(c), to issue this Determination in the English language.
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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.
The Complainant alleges, and the Examiner finds, that the BLOOMBERG Marks are strong and have gained secondary meaning through their continuous use in connection with Complainant’s electronic trading, financial news, and information businesses. The Domain Name fully incorporates the BLOOMBERG mark. The addition of the ".top" top level domain is of no legal significance.
The Response asserts that the Disputed Domain Name was derived from the combination of the word "bloom", meaning "flowers", with the word "berg", meaning "hills"; that "my [Respondent's] countryside is famous for flowers and trees"; and that the domain was registered to "create a [web] site only for my country plants". The Examiner notes, however, that the website to which the Disputed Domain Name resolves offers commercial storage and moving, and printing services, travel, fashion, politics, science and electricity, thus flatly contradicting Respondent's representations.
The Complainant alleges, without contradiction by the Respondent, that the Respondent has no rights in the Marks. This Examiner so finds.
Finally, the Complainant references the principle that bad faith may be found to exist in circumstances where it is unlikely the registrant would have selected the Domain Name without knowing the reputation of the well-known trademark in question. Such is the case here.
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 that the following domain name be SUSPENDED for the duration of the registration.
David L. Kreider Esq,, Examiner
Dated: May 19, 2015
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