Wolfram Group LLC v. guojiezhang et al.

URS FINAL DETERMINATION

Wolfram Group LLC v. guojiezhang et al.
Claim Number: FA1508001633666

DOMAIN NAME

<wolfram.top>
<wolframalpha.top>

PARTIES

	Complainant: Wolfram Group LLC of Champaign, IL, United States of America
	Complainant Representative: Wolfram Group LLC Noah K Tilton of Champaign, IL, United States of America

	Respondent: 中国福建莆田张国杰 of 莆田, China

REGISTRIES and REGISTRARS

	Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
	Registrars: xiamen eName Technology

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: August 17, 2015
	Commencement: August 18, 2015
	Response Date: August 19, 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: The Examiner is fluent in English and in the language of the Response, which is the Chinese language, in compliance with URS Rule 9(c).

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:
  (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 Disputed Domain Names registered by Respondent on 28 July 2015, <wolfram.top> and <wolframalpha.top> are identical to Complainant's registered trademarks 'WOLFRAM' and 'WOLFRAMALPHA'. The addition of TLD '.TOP' is immaterial.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

On 31 July 2015, the Complainant wrote to the Respondent, advising of Complainant's ownership of the respective, active TM registrations. The Complainant offered to reimburse the Respondent for any out of pocket costs and asked that the Disputed Domain Names be relinquished. The Complaint recites that the Respondent replied by letter on 11 August 2015, denying any intentional infringement and claiming that 'domain name collecting is just a hobby'. The Respondent refused to transfer the Disputed Domain Names to Complainant in exchange for a reasonable compensation, and did not allege or provide evidence of any legitimate right or interest in the Disputed Domain Names in either its 11 August 2015 letter to Complainant and has not done so in its Response.

[URS 1.2.6.3] 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

This Examiner finds that the Respondent's refusal to transfer the Disputed Domain Names to the Complainant in exchange for a reasonable compensation; the Respondent's failure to show any current legitimate use or intended future legitimate use of the Disputed Domain Names; as well as the Respondent's 'collection' of domain names that incorporate well-known names and trademarks, as alleged by the Complainant, evidences the Respondent's bad faith registration and use of the Disputed Domain Names.

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:

The Complaint was neither abusive nor contained material falsehoods.

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:

wolfram.top
wolframalpha.top

David L. Kreider Esq,
Examiner
Dated: August 19, 2015

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