URS FINAL DETERMINATION
LVMH SWISS MANUFACTURES SA v. Thomas LAMADON et al.
Claim Number: FA1509001637123
DOMAIN NAME
<tagheuer.paris>
PARTIES
Complainant: LVMH SWISS MANUFACTURES SA Marie Wormser of LA-CHAUX-DE-FONDS, Switzerland | |
Complainant Representative: DOMAINOO
Virginie Poindron of Paris, France
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Respondent: na Thomas LAMADON of SENAC, France | |
REGISTRIES and REGISTRARS
Registries: City of Paris | |
Registrars: DOMAINE.FR |
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. | |
Richard W. Hill, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 11, 2015 | |
Commencement: September 11, 2015 | |
Response Date: September 14, 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: Respondent states: "I did a mistake and I would like to transfer the tagheuer.paris domain name as soon as possible to the complainant. Please let me know the procedure to do it." |
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 Given that the Respondent consents to transfer the disputed domain name, the Examiner orders suspension of the disputed domain name without discussing the merits of the elements of the procedure. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Given that the Respondent consents to transfer the disputed domain name, the Examiner orders suspension of the disputed domain name without discussing the merits of the elements of the procedure.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Given that the Respondent consents to transfer the disputed domain name, the Examiner orders suspension of the disputed domain name without discussing the merits of the elements of the procedure. 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:
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Richard W. Hill
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