URS DEFAULT DETERMINATION


CONDUIT ENTERPRISES LIMITED et al. v. eurl jers et al.
Claim Number: FA1601001655420


DOMAIN NAME

<118.bzh>
 <118.paris>
 <118118.paris>
 <118218.paris>
 <annuaire118.paris>


PARTIES


   Complainant: The Number UK Limited of Cardiff, United Kingdom
  
Complainant Representative: McDermott will & Emery LLP Sarah E. Bro of Irvine, CA, United States of America

   Respondent: eurl jers Stephane Sarfati of Bobigny, II, FR
  

REGISTRIES and REGISTRARS


   Registries: Association www.bzh,City of Paris
   Registrars: 1&1 Internet AG,1&1 iNTERNET AG

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.
   Anne M. Wallace, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: January 6, 2016
   Commencement: January 7, 2016
   Default Date: January 22, 2016
   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 decision applies to all the domains.

   Findings of Fact: Complainant submits proof of registration and use of trademarks for 118, 118118 and 118218 trademarks in connection with telecommunications and in particular directory assistance. Complainant has not granted permission to Registrant to use any its marks. The domain names resolve to inactive sites. Registrant has listed at least one of the domains for sale for $10,732.

  

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 


Complainant has provided clear and convincing evidence of registration and use of the 118, 118118 and 118218 trademarks. Complainant has valid registrations for the trademarks.


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

Determined: Finding for Complainant 


Registrant has no legitimate right or interest in the domain names. Respondent has no affiliation with Complainant, is not commonly known by any of the five disputed 118 domain names, and has not shown any preparations to use the domains for any legitimate purpose. The domains redirect to inactive web sites and in the case of Annuarie118.paris, directs to the inactive 118.paris site. This does not show any legitimate right or interest.


[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 


Registrant has offered to sell at least one of the domains for $10,732 which is far in excess of out of pocket expenses for registration of the domain. The fact "annuarie" means "directory" reflects that Registrant must have had knowledge of Complainant's marks and business when the domains were registered. Registrant has registered five domains containing Complainant's marks. This establishes a pattern of registration from which one can infer intent to prevent Complainant from reflecting its marks in corresponding domains. All these factors establish registration and use in 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:


  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. 118.bzh
  2. 118.paris
  3. 118118.paris
  4. 118218.paris
  5. annuaire118.paris

 

Anne M. Wallace
Examiner
Dated: January 22, 2016

 

 

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