URS FINAL DETERMINATION
Deutsche Lufthansa AG v. Yuan Bei et al.
Claim Number: FA1506001625593
DOMAIN NAME
<lufthansa.pub>
PARTIES
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany | |
Complainant Representative: Rauschhofer Rechtsanwälte
Nadim Kashlan of Wiesbaden, Germany
|
Respondent: hunanyouchuang yuan bei of changsha, China | |
Respondent Representative: hunanyouchuangkeji
yuan bei of changsha, China
|
REGISTRIES and REGISTRARS
Registries: United TLD Holdco Ltd. | |
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) |
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. | |
Mr. Sebastian Matthew White Hughes, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: June 23, 2015 | |
Commencement: June 24, 2015 | |
Response Date: June 24, 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: [OptionalComment] |
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.
[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 registered domain name is identical to Complainant's well-known LUFTHANSA trade mark, registered and used in numerous jurisdictions worldwide since at least 1979. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent has failed to demonstrate any legitimate rights or interests in respect of the domain name. Respondent simply makes the bare and groundless assertion in the Response that Complainant has brought these proceedings in violation of the URS policy, and contends that Respondent registered the domain name for US$2 which is considerably less than the cost of these proceedings. The evidence submitted with the Complaint demonstrates that the domain name has been used in respect of an unauthorised parking website with sponsored links. Given the repute of Complainant's trade mark and the lack of authorisation from Complainant, such use cannot give rise to any legitimate rights or interests in the domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant In all the circumstances, and given the repute of Complainant, the registration and use of the domain name in relation to a parking website with sponsored links clearly amounts to registration and use of the domain name in bad faith. 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. Respondent has alleged 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:
|
Mr. Sebastian Matthew White Hughes
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page