URS DEFAULT DETERMINATION
CHRONOPOST v. SANDRA BENOIT
Claim Number: FA1509001637530
DOMAIN NAME
<pickupchronopost.link>
PARTIES
Complainant: CHRONOPOST Nathalie Bujacic of Gentilly, France | |
Complainant Representative: DOMAINOO
Virginie Poindron of Paris, France
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Respondent: SANDRA BENOIT of limay, FR | |
REGISTRIES and REGISTRARS
Registries: Uniregistry, Corp. | |
Registrars: Key-Systems, LLC |
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 J. Steele Esq., as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 14, 2015 | |
Commencement: September 14, 2015 | |
Default Date: September 29, 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] |
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 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant Complainant owns numerous valid trademark registrations of national effect for its CHRONOPOST mark. Complainant is currently using its mark as evidenced by the Trademark Clearinghouse validation submitted. Complainant also asserts that is owns trademark rights in a figurative (design) trademark for Pickup. The subject domain name, pickupchronopost.link, is confusingly similar to Complainant's CHRONOPOST mark for the purpose of this matter. The subject domain name merely combines the textual elements of Complainant’s Pickup mark together with Complainant’s CHRONOPOST mark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent is not commonly known by the disputed domain name. Respondent is not making any bona fide offering of goods or services, or making a legitimate noncommercial or fair use of the disputed domain name. Respondent has not submitted any credible evidence that Respondent plans to use the disputed domain name for a bona fide offering of goods or services. Further, in view of Complainant’s well-known trademark, any unprotected commercial use by Respondent of the domain name would violate Complainant’s rights.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The domain name currently resolves to a webpage operated which reads, “CE DOMAINE EST ACTIVE pour un client de register.be” (the English version of this webpage reads “THIS DOMAIN HAS BEEN ACTIVATED for a register.be customer”). This use of the subject domain name supports a finding of bad faith. In addition, because Complainant’s well-known trademark is so obviously connected with Complainant, the unprotected commercial use of the subject domain name by Respondent (who has no connection with Complainant or rights to use the domain name) supports a finding of 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. 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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David J. Steele Esq. Examiner
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