IBM Corporation v. linghuiWu et al.
Claim Number: FA1508001632479
Complainant: IBM Corporation of Armonk, New York, United States of America.
Respondent: linghuiWu of Ningbo, Zhejiang, International, CN.
REGISTRIES and REGISTRARS
Registries: One.com A/S
Registrars: 101domain, Inc.
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Examiner in this proceeding.
Terry F. Peppard, as Examiner.
Complainant submitted: August 7, 2015
Commencement: August 10, 2015
Default Date: August 25, 2015
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure ¶¶ 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.
To obtain an order that a domain name be suspended, URS Procedure 1.2.6 requires Complainant to make out a prima facie case, proven by clear and convincing evidence, for each of the following three elements:
1. The registered domain name is identical or confusingly similar to
a mark for which Complainant holds a valid national or regional
registration and that it is in current use;
2. Registrant has no right to or legitimate interest in the domain name; and
3. The same domain name was registered and is being used by
Respondent in bad faith.
In its Complaint, Complainant shows that it holds a valid United States Patent and Trademark Office registration for the IBM trademark and service mark, Registry No. 1,205,090, registered August 17, 1982, in, among others, International Class 009 [computer systems, data processing machines and related technologies], and that the mark is in current use. Respondent does not dispute any of this.
Identity or Confusing Similarity
There is no dispute that the <ibm.one> domain name is substantively identical to Complainant’s IBM mark, or that Complainant holds a valid registration for the mark and that it is in current use. Accordingly, we so find.
Registrant’s Rights or Interests
Complainant alleges, and Respondent does not deny, that Respondent has shown no legitimate right to or interest in the <ibm.one> domain name, that there is no evidence that Respondent has been commonly known by the domain name, nor is there any evidence of Respondent’s fair use of it or that Respondent is using or plans to use the domain name for a bona fide offering of goods or services, that Respondent registered the domain name while knowing of Complainant and its rights in the IBM mark, that, in response to a written cease-and-desist demand from Complainant, Respondent refused to disable and transfer the domain name and instead offered to sell it to Complainant for an amount greatly in excess of its costs of acquisition, and that Respondent registered and is using the domain name in bad faith.
On these undenied facts, we have no difficulty in finding that Respondent has neither any rights to nor any legitimate interests in the contested domain name.
Registrant’s Bad Faith
Under the URS Procedure, essentially the same considerations that establish that Respondent has no rights to or legitimate interests in the <ibm.one> domain name are also pertinent to an analysis of the question whether the domain name has been registered and is being used in bad faith. See URS Procedure ¶ 5.7. Accordingly, a finding of bad faith in Respondent’s registration and use of the domain name follows directly from the discussion above of the absence of any rights to or legitimate interests accruing to the benefit of Respondent from the facts presented in the Complaint filed in this proceeding.
We find from a review of the record that the Complaint was not brought in an abuse of this proceeding and that it does not contain any material falsehoods.
Upon review of Complainant’s submissions, we find that Complainant has proven all three elements of the URS by clear and convincing evidence. We therefore Order that the <ibm.one> domain name be SUSPENDED for the duration of its registration.
Terry F. Peppard, Examiner
Dated: August 25, 2015
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