URS FINAL DETERMINATION
Wolfram Group LLC v. Roberto Scalas et al.
Claim Number: FA1509001638789
DOMAIN NAME
<mathematica.ovh>
PARTIES
Complainant: Wolfram Group LLC Noah K Tilton of Champaign, IL, United States of America | |
Complainant Representative: Wolfram Group LLC
Noah K Tilton of Champaign, IL, United States of America
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Respondent: Roberto Scalas of Cagliari, Italy | |
REGISTRIES and REGISTRARS
Registries: OVH SAS | |
Registrars: OVH |
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. | |
Carol Stoner Esq., as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 21, 2015 | |
Commencement: September 23, 2015 | |
Response Date: September 23, 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
Procedural Findings: | ||
Multiple Complainants: Not Applicable. | ||
Multiple Respondents: Not Applicable. |
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 or confusingly similar to a word mark for which the Complainant holds a valid national or regional registration and which is in current use, in accordance with URS 1.2.6.1 [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Registrant has no legitimate right or interest to the domain name, in accordance with URS 1.2.6.2.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant 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, in accordance with URS 1.2.6.3.a, and 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, in accordance with URS 1.2.6.3.d. 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:
Respondent's allegation was based solely upon the validity of Complainant's initial registration with the United States Patent and Trademark Office. Neither has Respondent offered any evidence, nor is Examiner aware of any evidence, that Complaint is an abuse of the proceedings or that the Complaint 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:
|
Carol Stoner Esq.
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