URS DEFAULT DETERMINATION

MCDERMOTT WILL & EMERY LLP v. wang mo ran
Claim Number: FA1601001656565

DOMAIN NAME

<mwe.site>

PARTIES

	Complainant: MCDERMOTT WILL & EMERY LLP of Chicago, IL, United States of America
	Complainant Representative: McDermott Will & Emery LLP Lynne M. J. Boisineau of Irvine, CA, USA

	Respondent: wang mo ran wang mo ran of jin chang, BJ, II, CN

REGISTRIES and REGISTRARS

	Registries: DotSite Inc.
	Registrars: CHENGDU WEST DIMENSION DIGITAL TECHNOLOGY CO., LTD.

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 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").

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: Complainant is the registered owner of the MWE mark and has provided proof of use of the mark.

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 proof of a valid registered MWE trademark that is in current use. Other than the .site extension, the domain name is identical to the MWE mark.

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

Determined: Finding for Complainant

Complainant has not licensed or otherwise authorized Respondent to use the MWE mark. There is no evidence Respondent is using the mark for any legitimate purpose. Respondent has no legitimate right or interest in the mark.

[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

Respondent is using the domain name for a web site portraying pornographic material and links to other sites. It is likely Respondent is earning click-through revenues from this use. Use of Complainant's mark is likely to attract Internet users looking for Complainant and is likely to create at least initial interest confusion. This is 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:

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:

mwe.site

Anne M. Wallace
Examiner
Dated: February 5, 2016

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