URS DEFAULT DETERMINATION

Virgin Enterprises Limited v. WhoisGuard, Inc.
Claim Number: FA1511001649592

DOMAIN NAME

<virginmedia.site>

PARTIES

	Complainant: Virgin Enterprises Limited of London, United Kingdom
	Complainant Representative: Stobbs Julius E Stobbs of Cambridge, United Kingdom

	Respondent: WhoisGuard, Inc. WhoisGuard Protected of Panama, Panama, II, PA

REGISTRIES and REGISTRARS

	Registries: DotSite Inc.
	Registrars: Namecheap

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.
	Vali Sakellarides, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: November 24, 2015
	Commencement: November 24, 2015
	Default Date: December 9, 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: This proceeding features a sole Complainant regarding the single domain name <virginmedia.site>. No domain names are dismissed from this complaint.
		Multiple Respondents: This proceeding features a sole Respondent regarding the single domain name <virginmedia.site>. No domain names are dismissed from this complaint.

Findings of Fact: The Complainant is a company incorporated in London, UK. The Complainant is the owner of the UK trademark registration No. 00002429892 “VIRGIN MEDIA”, filed on August 14th, 2006 and registered on May 18th, 2007. The Complainant has submitted a large list of the details of trademark registrations VIRGIN MEDIA and VIRGIN that it owns. The Complainant also states that it has a validated entry at the Trade Mark Clearinghouse, under SMD 0000003261444217279733-1 for VIRGIN and 0000003421444218179717-1 for VIRGIN MEDIA. The Complainant contends that it has vast amount of goodwill in the VIRGIN name globally in relation to a wide range of goods and services. The Virgin Group originated in 1970 and has since expanded into a wide variety of businesses. It now comprises over 200 companies worldwide operating in 32 countries including throughout Europe and the USA and employs in excess of 40,000 people, generating an annual turn over of 4.6 billion pounds. Virgin Media was established in March 2006, owning and operating its own fibre optic cable network. The company supplies television (Virgin TV), phone and broadband services. Virgin Media has a total of 4.8 million cable customers, it also supplies phones and has in excess of 3.07 million mobile telephone customers. Respondent registered the disputed domain name without having any right or legitimate interest in respect of the mark. Complainant submitted a screenshot of the website in relation with the disputed domain name, which does not display an active website. Complainant states that it contacted Respondent on 4 November 2015 and sent reminder with no response received.

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

The Complainant is the owner of the UK trademark registration No. 00002429892 “VIRGIN MEDIA”, filed on August 14th, 2006 and registered on May 18th, 2007. The Complainant has submitted a large list of the details of trademark registrations VIRGIN MEDIA and VIRGIN that it owns. The Complainant also states that it has a validated entry at the Trade Mark Clearinghouse, under SMD 0000003261444217279733-1 for VIRGIN and 0000003421444218179717-1 for VIRGIN MEDIA. Complainant submits proof of current use of the VIRGIN MEDIA mark. Examiner finds that the disputed domain name <virginmedia.site> is identical to the Complainant’s trademark, as the gTLD is not relevant for a finding under URS 1.2.6.1. Examiner finds that Complainant has established the first element under URS 1.2.6.1(i).

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

Determined: Finding for Complainant

Respondent has not filed a Response. Complainant has not authorized Respondent to use its registered VIRGIN MEDIA trademark. Examiner finds that the Complainant has established that the Respondent has no rights or legitimate interests in <virginmedia.site>.

[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

Complainant submits evidence that the domain name <virginmedia.site> resolves to a non-active website in relation with the disputed domain name. Hence, it is apparent that Respondent had Complainant in mind when registering the disputed domain name and that Respondent registered the domain name either with the purpose of selling it to Complainant or to a third party and prevent the Complainant from reflecting the mark in a corresponding domain name. Examiner finds that the Complainant has established the element under URS 1.2.6.3.

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:

virginmedia.site

Vali Sakellarides
Examiner
Dated: December 15, 2015

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