G.F.P.I S.A v. Wang Liqun
Claim Number: FA1505001621512




   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

   Respondent: Wang Liqun Wang Liqun of Xinyu, II, China


   Registries: .CLUB DOMAINS, LLC
   Registrars: OnlineNIC, Inc. d/b/a China-channel.com


   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 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").


   Complainant requests that the domain name be suspended for the life of the registration.


   Clear and convincing evidence.


   Findings of Fact: According to Article 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] 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 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] 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] 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 

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 (a) is proven and established by clear and convincing evidence.


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. 


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. greubelforsey.club


David L. Kreider Esq,
Dated: June 12, 2015



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