Virgin Enterprises Limited v. Lochie Chok et al.
Claim Number: FA1603001663530
Complainant: Virgin Enterprises Limited of London, United Kingdom.
Complainant Representative:
Complainant Representative: Stobbs of Cambridge, United Kingdom.
Respondent: Lochie Chok of Obfuscated whois Gandi-Paris, International, FR.
REGISTRIES and REGISTRARS
Registries: DotSpace Inc.
Registrars: Gandi SAS
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Examiner in this proceeding.
Luz Helena Villamil-Jimenez, as Examiner.
Complainant submitted: March 2, 2016
Commencement: March 2, 2016
Default Date: March 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.
Findings of Fact:
The Complaint at hand refers to the domain name <richardbranson.space> registered by Lochie Chok of Obfuscated whois Gandi-Paris, International, FR.
In accordance with the provisions of URS, Complainant claims (i) that the domain name <richardbranson.space> 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; (ii) that The Registrant has no legitimate right or interest to the domain name, and (iii) that the domain name was registered and is being used in bad faith. Complainant contends that it owns rights in RICHARD BRANDSON, VIRGIN and VIRGIN GALACTIC, through trade mark registrations in several jurisdictions, and through a validated entry made at the Trade Mark Clearinghouse. Complainant also argues that it has a significant reputation and has a vast amount of goodwill in the RICHARD BRANSON, VIRGIN and VIRGIN GALACTIC names globally. The Virgin Group originated in 1970 and was founded by Richard Branson. The business has since expanded into a wide variety of businesses. Richard Branson is synonymous with Virgin. The Virgin Group now comprises over 200 companies worldwide operating in 32 countries including throughout Europe and the USA. The Virgin Group employ in excess of 40,000 people, generating an annual turnover of 4.6 billion pounds.
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 submitted evidence to demonstrate that it is the owner of the trademark RICHARD BRANSON, and also demonstrated that said trademark is in use. Furthermore, the Complainant demonstrated ownership of the trademark VIRGIN GALACTIC.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
The Examiner is in agreement with the assertion that the litigious domain name “richardbranson” identically reproduces the trademark RICHARD BRANSON. Moreover, since said trademark is registered with the Trademark Clearing House, when registering the domain <richardbranson.space> the Registrant must have received a notification with the registered mark’s details, to inform him about a potential conflict. Going ahead with the registration of the domain name evidences no legitimate right or interest to the domain names. Moreover, since Respondent has defaulted, there is no evidence to establish any rights or legitimate interests in respect of the domain name in his favor.
[URS 1.2.6.3] The domain name was 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 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.
Determined: Finding for Complainant
In the present case, the relevant part of the disputed domain name consists of the word <richardbranson>, which happen to exactly reproduce the registered trademark RICHARD BRANSON owned by the Complainant. The bad faith in the registration of the domain <richadrbranson.space> is clearly evidenced by the fact that the disputed domain resolves to a direct copy of the official Virgin Galactic website virgingalactic.com which is owned by the Complainant, and proof of this fact was also submitted with the Complaint. Thus, it is imperative to agree with the Complainant in that the domain owner is attempting to create an association with Virgin Enterprises. The domain owner has indeed copied the official site of Virgin Enterprises and aside of reproducing the registered trademark RICHARD BRANSON, the domain owner uses the VIRGIN GALACTIC branding to create a likelihood of confusion with the complainant’s marks as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site.
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.
Luz Helena Villamil Jimenez, Examiner
Dated: March 21, 2016
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