URS DEFAULT DETERMINATION
G.F.P.I S.A v. Wang Liqun
Claim Number: FA1505001621512
DOMAIN NAME
<greubelforsey.club>
PARTIES
Complainant: G.F.P.I S.A of La-Chaux-de-fonds, Switzerland | |
Complainant Representative: Dennemeyer & Associates S.A
Clémence Le Cointe of HOWALD, Luxembourg
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Respondent: Wang Liqun Wang Liqun of Xinyu, II, China | |
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC | |
Registrars: OnlineNIC, Inc. d/b/a China-channel.com |
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. | |
David L. Kreider Esq,, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: May 28, 2015 | |
Commencement: May 28, 2015 | |
Default Date: June 12, 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: According to Article 1.2.6.1 of the URS, the domain name <greubelforsey.club> is identical to a word mark for which the Complainant holds a valid national or regional registration and that is in current use. Greubel Forsey S.A, the Complainant, is a Company launched in 2004 by Robert Greubel and Stephen Forsey specialised in luxury timepieces. The Complainant is owner of the trademark GREUBEL FORSEY registered amongst others in Switzerland under Registration Nr.P516451. The trademark GREUBEL FORSEY is registered as well in Moldova under Nr. 22611 since 16.04.2012. Furthermore, the Complainant GREUBEL FORSEY S.A owns and operates a website incorporating the GREUBEL FORSEY Trademark, which may be found at URL: <greubelforsey.com>. |
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: Determined: Finding for Complainant The domain name <greubelforsey.club> was registered on May 7th, 2015 and is identical to the Complainant´s trademarks as it wholly incorporates the trademark GREUBEL FORSEY. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Complainant alleges, and the Examiner finds, that the Registrant has no legitimate right to the name GREUBEL FORSEY which is the name of the Complainant´s Company and is composed of each of the creators´ last name. Furthermore, GREUBEL FORSEY have not licensed or otherwise authorized the Registrant to use its Trademark or to apply for any domain name incorporating the trademark. There is no evidence that the Registrant is making a legitimate non-commercial or fair use of the domain name since the website is still not leading to an active website.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Because the GREUBEL FORSEY trademark is registered with the TMCH, when Respondent attempted to register the domain name that is in issue in this dispute: <greubelforsey.club> he would have received a "warning notice†from the TMCH as part of its Trademark Claims service. Despite having received this notice, Respondent proceeded with his registration of the domain name, fully aware that his registrations conflicted with Complainant’s GREUBEL FORSEY trademark registration. The Examiner notes, moreover, that the website to which the domain name resolves is a "click-through" sight which offers various of Claimant's competitors' brands of high-end wristwatches for sale. The website further offers the disputed domain name for sale at a fixed price of US$8,000.00. Curiously, the foregoing material facts are nowhere mentioned or referred to in the Complaint. Such facts are, however, apparent from the annexures to the Complaint. From this record, the Examiner finds that URS 1.2.6.3 (a) is proven and established by clear and convincing evidence. 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:
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:
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David L. Kreider Esq, Examiner
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