Virgin Enterprises Limited v. Contact Privacy Inc. Customer 0141326966/Peter Lloyd / Salinas Corporate Finance Ltd.
Claim Number: FA1603001667146
Complainant: Virgin Enterprises Limited of London, United Kingdom.
Complainant Representative: Stobbs of Cambridge, United Kingdom.
Respondent: Contact Privacy Inc. Customer 0141326966 of Toronto, Ontario, CA./Peter Lloyd / Salinas Corporate Finance Ltd of Belvoir, NY, International, GB./Salinas Corporate Finance Ltd of Belvoir, International, United Kingdom.
REGISTRIES and REGISTRARS
Registry: Cotton Cypress, LLC
Registrar: Tucows Domains Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Alan L. Limbury, as Examiner.
Complaint submitted: March 24, 2016
Commencement: March 24, 2016
Response received: March 25, 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.
Complainant has a significant reputation and goodwill in the VIRGIN and VIRGIN MONEY names globally. The Virgin Group originated in 1970 and has since expanded into a wide variety of businesses, presently comprising 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. VIRGIN MONEY was established in 2000, in 2007 the brand launched in the USA. The company provides banking and financial services. Its revenue in 2014 was 438.3 million GBP and the net income in 2014 was 8.7 million GBP. The business is owned by the parent company Virgin Group.
The Complaint named as Respondent Contact Privacy Inc. Customer 0141326966. The Registrar revealed that the true registrant of the domain name is Peter Lloyd of Salinas Corporate Finance Ltd, giving more than one address. A screenshot of the website <www.salinas.finance> taken at the time of the filing of the Complaint promoted the financial services of Respondent.
In his Response, Respondent says simply: “The domain was registered in error and we would like to transfer the domain to the complainant free of charge as quickly as possible.”
URS Rule 14(a) provides that the sole remedy available to a Complainant pursuant to any URS proceeding before an Examiner shall be limited to suspension of the domain name for the balance of the registration period.
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 the domain name should be suspended:
[URS
1.2.6.1] The registered domain name is identical or confusingly similar to a
word mark:
(i) for which Complainant holds a valid national or
regional registration 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.
As to this element, Complainant has shown that it owns rights in the word mark VIRGIN MONEY through UK registration No. 2177329 dated May 21, 1999 in International Class 36 for financial services. Complainant has demonstrated that the VIRGIN MONEY mark is in current use, through a validated entry at the Trade Mark Clearinghouse, SMD 0000003461444220878432-1.
The domain name comprises Complainant's mark together with the gTLD ".finance", indicative of the kind of services banks provide. The Examiner finds that the domain name is confusingly similar to Complainant’s VIRGIN MONEY mark.
Complainant has established this element.
[URS 1.2.6.2] Registrant has no rights to or legitimate interest in the domain name.
As to this element, Complainant asserts that it made several attempts to contact the domain owner (presumably through the privacy service in whose name the domain name was registered) seeking to reach an amicable solution but no response was received. Complainant says the domain name resolves to a site with no live content and is not in use; and that when Complainant clearly stated its case for objecting to the domain, the owner did not, when given the opportunity, indicate any legitimate interest.
The Response does not claim any rights or legitimate interests in the domain name but states that the domain was registered in error. Under these circumstances the Examiner finds that Respondent has no rights to or legitimate interests in the domain name.
Complainant has established this element.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
As to this element, Complainant says the registrant is aiming to disrupt its business (URS 1.2.6.3 c) through the registration of a domain name which contains Complainant’s famous brand; the domain registration has prevented Complainant from reflecting its famous mark in the domain name (URS 1.2.6.3.b); and by using Complainant’s famous brand Respondent has intentionally attempted to attract increased traffic to the site to which the domain name resolves (URS 1.2.6.3 d).
In light of the fame of Complainant’s VIRGIN MONEY mark; the fact that Respondent’s business competes with that of Complainant; Respondent’s failure to respond to Complainant’s approaches prior to the filing of the Complaint; and Respondent’s statement that the domain name was registered in error, the Examiner finds that Complainant has established that the domain name was registered and is being used in bad faith.
Complainant has established this element.
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: <virginmoney.finance>.
Alan L. Limbury, Examiner
Dated: March 27, 2016
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