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
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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: 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.
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:
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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Anne M. Wallace Examiner
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