BALENCIAGA SA et al. v. 金斌剑 et al.
Claim Number: FA1601001657105
Complainant: Boucheron Holding SAS of Paris, France.
Complainant Representative:
Complainant Representative: INSIDERS of Paris, France.
Respondent: 金斌剑 of 温州市, 浙江, International, CN.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Elegant Leader Limited
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)
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.
Honorable John A. Bender Honorable, as Examiner.
Complainant submitted: January 19, 2016
Commencement: January 20, 2016
Default Date: February 4, 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.
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.
Complainant has presented the following:
1.The registered domain name(s) are identical or confusingly similar to Complainants valid and enforceable trade marks. [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(s) [URS/.usRS 1.2.6.2]
3. The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as:
The domain name(s) was/were registered or are being used in bad faith [URS/.usRS 1.2.6.3] such as:
By using the domain name Respondent has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online 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.
[
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 complained of domain names be SUSPENDED for the duration of the registration.
balenciaga.xin><boucheron.xin.
Honorable John A. Bender, Examiner
Dated: February 04, 2016
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