Sanofi v. cao wei
Claim Number: FA1601001656384
Complainant: Sanofi of Paris, France.
Complainant Representative:
Complainant Representative: Marchais Associes of Paris, France.
Respondent: cao wei of chang ning, SH, CN.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Beijing Qianxiang Wangjing Technology Development Co., Ltd.
Registrars: Chengdu West Dimension Digital Technology Co., Ltd.
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.
Eleni Lappa, as Examiner.
Complainant submitted: January 14, 2016
Commencement: January 15, 2016
Default Date: February 1, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is a multi-national pharmaceutical company that owns a series of trademark registrations worldwide containing its company name “SANOFI”, such registrations being valid and in force in many jurisdictions worldwide, including China.
Respondent, who appears to be an individual residing in China, has no affiliation with Complainant and filed no Response to Complainant’s complaint. Respondent registered the domain name in question <sanofi.ren> on October 22, 2015 without any authorization from Complainant and without any apparent rights or legitimate interest to the disputed domain name.
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. Namely:
The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use 2. Registrant has no legitimate right or interest to the domain name [URS/.usRS 1.2.6.2] 3. [if URS] The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as: [if .usRS] The domain name(s) was/were registered or are being used in bad faith [.usRS 1.2.6.3] such as: 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.
All three of the above three prerequisites are satisfied for the suspension of the domain name at issue <sanofi.ren>, and in particular:
a. The domain name <sanofi.ren> is identical and/or confusingly similar to the prior registered rights of the complainant on the trademark SANOFI currently in use and is also identical to the Complainant’s company name.
b. Registrant has no legitimate right or interest to the domain name SANOFI: the pertinent issue according to the relevant URS provisions, is whether or not any actual rights exist on the part of the Respondent in relation to the name SANOFI and no such evidence were offered by the Respondent.
c. The disputed domain name <sanofi.ren> was registered and used in bad faith by the Respondent, as the disputed domain name was registered and used after the trademark SANOFI became well-known and therefore the Respondent knew or should have known of the Complainant’s prior rights related to the disputed domain and the risk of creating a likelihood of confusion between SANOFI trademarks and the contested domain name which the Respondent nonetheless registered, leading its visitors to an inactive website which in fact disrupts C omplainant’s business.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
sanofi.ren
Eleni Lappa, Examiner
Dated: February 04, 2016
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page