URS DEFAULT DETERMINATION


Add2Net, Inc. v. li wenxi
Claim Number: FA1602001661852


DOMAIN NAME

<lunarpages.top>


PARTIES


   Complainant: Add2Net, Inc. of Anaheim, CA, United States of America
  
Complainant Representative: Cohen BLG Jeffrey A Cohen of Los Angeles, CA, United States of America

   Respondent: li wenxi wenxili wenxili of beijing, Beijing, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
   Registrars: Jiangsu bangning science technology Co

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.
   Douglas M. Isenberg, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: February 19, 2016
   Commencement: February 23, 2016
   Default Date: March 9, 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 states the following: "Add2Net, Inc. ('Add2Net') is a world leader in a variety of web­hosting, web­design, web­traffic referral and web­based companies, including its wholly­owned division Lunarpages (“Lunarpages”). Lunarpages is a highly respected provider of information technology, IT infrastructure and business process outsourcing, including web hosting services from basic hosting to advanced enterprise level solutions, and domain name search and registration services (collectively, 'Services'). "Lunarpages first registered and used in commerce the domain name <lunarpages.com> on March 29, 2001. Since that time, Lunarpages has remained a well-known and well-respected brand in many countries. Since as early as 2001, Add2Net has had exclusive use of the trademark LUNARPAGES ('Mark') in connection with the Services. Add2Net is the owner of the registrations for the trademark LUNARPAGES in connection with various services offered in International Classes 38, 42 and 45, U.S. Registration Numbers 4001196 and 3179173 ('Registrations'). The Registrations have achieved incontestability status in the United States. On June 11, 2014, Add2Net registered the Mark with the Trademark Clearinghouse (TMCH); the Mark’s status with the TMCH is VERIFIED. As part of the process of registering the Mark with TMCH, Add2Net ownership of the Registrations was demonstrated to and its submission of evidence of use was validated by TMCH. "On February 16, 2016, Lunarpages’ agent was notified by TMCH that the following domain name matching the Mark was registered: <lunarpages.top> ('Domain Name'). A computer print-up of the Whois Record for the Domain Name, together with copies of the web pages associated with the Domain Name, are attached. "The Domain Name is confusingly similar to the Mark. The key portion of the Domain Name is 'LUNARPAGES', which is identical to the Mark. The addition of '.top' is irrelevant for purposes of determining whether a likelihood of confusion exists because the extension '.top' is generic/descriptive and does nothing to distinguish the Domain Name from the Mark. In contrast, the Mark is distinctive, especially because there is no meaning for the word <LUNARPAGES> in Chinese, the language of Respondent. "There is ample evidence of bad faith use and registration. Respondent has never been granted any right from Add2Net to use the Mark. Respondent is not commonly known by the Mark or the Domain Name. In fact, website associated with the Domain Name displays a product named ECSHOP and identifies the www.ecshop.com website. The www.ecshop.com website is a site which offers the ECSHOP software. It’s clear that Respondent registered the Domain Name to improperly direct traffic to the ECSHOP website. Accordingly, Respondent has made no legitimate use of the Domain Name. "When Respondent registered the Domain Name, it was notified by TMCH that the Domain Name matches a registered trademark. Respondent was therefore aware of Lunarpages’ trademark rights when it registered the Domain Name. Consequently, Respondent intentionally attempted to attract for commercial gain customers for Respondent’s ECSHOP product and website by using the Domain Name to create a likelihood of confusion with the Mark. "For the above reasons, Add2Net requests suspension of the Domain Name." Respondent did not submit a Response.

  

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 


The Examiner determines that the registered domain name is identical or confusingly similar to a word mark for which the Complainant holds a valid national or regional registration and that is in current use.


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

Determined: Finding for Complainant 


The Examiner determines that the Registrant has no legitimate right or interest to the domain name.


[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 


The Examiner determines that that the domain name was registered and is being used in bad faith, considering the distinctiveness of the LUNARPAGES trademark and the fact that the domain name is being used in connection with an apparently commercial website.


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:


  1. 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:

  1. lunarpages.top

 

Douglas M. Isenberg
Examiner
Dated: March 14, 2016

 

 

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