URS DEFAULT DETERMINATION


Morgan Stanley v. 余迎春 / 余迎春
Claim Number: FA1510001644415


DOMAIN NAME

<morganstanley.xin>


PARTIES


   Complainant: Morgan Stanley of New York, NY, United States of America
  
Complainant Representative: Cowan, Liebowitz & Latman, P.C. Eric J. Shimanoff of New York, NY, United States of America

   Respondent: 余迎春 / 余迎春 of 温州市, 浙江, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Elegant Leader Limited
   Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina

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.
   Ms. Marie Emmanuelle Haas, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: October 28, 2015
   Commencement: October 29, 2015
   Default Date: November 13, 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:
  (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 


URS paragraph 1.2.6.1: The domain name at issue is composed with the Complainant’s MORGAN STANLEY trademark, together with the extension “.xin”. The domain name is identical to the Complainant’s trademark.


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

Determined: Finding for Complainant 


URS paragraph 1.2.6.2: Registrant has no legitimate right or interest to the domain name, which is composed with the famous MORGAN STANLEY trademark. He has not been authorized to use the domain name and he has no identical trademark nor offers related services. Respondent has not made any demonstrable preparations to use the domain name in relation with a bona fide offering of goods or services. He is not commonly known under the domain name at issue and does not make any fair and noncommercial use of that domain name.


[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 


URS paragraph 1.2.6.3: Given the strength and worldwide fame of the MORGAN STANLEY Trademark, Respondent cannot have ignored the Complainant’s rights when registering the domain name at issue. Complainant notified its MORGAN STANLEY trademark to the Trademark Clearing House, what means that Respondent received an express notice of Complainant’s prior rights when applying for the disputed domain name registration. Even if the disputed domain name does not resolve to an active website, it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. For these reasons, the Examiner finds that, Complainant made 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.


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:


  1. 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:

  1. morganstanley.xin

 

Ms. Marie Emmanuelle Haas
Examiner
Dated: November 19, 2015

 

 

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