SMSGlobal Holdings Pty Ltd v. SMS Broadcast Pty Ltd et al.
Claim Number: FA1602001661170
Complainant: SMSGlobal Holdings Pty Ltd of South Melbourne, Unknown, Australia.
Complainant Representative: K&L Gates of Melbourne, Australia.
Respondent: SMS Broadcast Pty Ltd of Docklands, Virginia, Australia.
SMS Broadcast Pty Ltd of Docklands, Victoria, International, AU.
SMS Broadcast Pty Ltd of Victoria, Australia.
REGISTRIES and REGISTRARS
Registries: Dot GLOBAL AS
Registrars: GoDaddy.com, LLC
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, as Examiner.
Complainant submitted: February 16, 2016
Commencement: February 17, 2016
Response Date: February 17, 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.
I find
that Respondent’s purpose was to interrupt customers’ (and potential customers
of Complainant) access to Complainant’s web site by use of
Complainant’s Trademark in Respondent’s web advertising. The effect was to
deprive Complainant of customers.
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.
Complainant has shown it owned the Mark which is contained inside Respondent’s domain name registration. Complainant has shown that Respondent had no right to its usage, but used it any way. And Complainant has shown Respondent did know of Complainant’s prior use. And Respondent has admitted its intent to divert potential customers to negative information which I conclude frustrates Complainant’s commercial purpose. That shows Respondent’s bad faith for these purposes. See URSP 1.2.6.1-.3
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 be SUSPENDED for the duration of the registration.
sms.global
Honorable John A. Bender, Examiner
Dated: February 18, 2016
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