URS FINAL DETERMINATION


Bucherer AG v. Shuqu Wang et al.
Claim Number: FA1604001669585


DOMAIN NAME

<bucherer.xyz>


PARTIES


   Complainant: Bucherer AG Stephan Ulrich of Luzern, Switzerland
  
Complainant Representative: Wild Schnyder AG Barbara K Mueller of Zürich, Switzerland

   Respondent: Shuqu Wang Wang Shuqu of Ji Ning Shi, Shan Dong, II, China
  

REGISTRIES and REGISTRARS


   Registries: XYZ.COM LLC
   Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)

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.
   Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: April 8, 2016
   Commencement: April 8, 2016
   Response Date: April 12, 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: [OptionalComment]

  

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.


[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 registered domain name is identical to Complainant's well-known BUCHERER trade mark (the "Trade Mark"). Amongst other registrations, Complainant relies on its registrations for the Trade Mark in Switzerland under registration numbers 2P-32649 (registered since 14 June 1983) and 2P-418777 (registered since 30 March 1995). The Trade Mark has also been registered by Complainant with the Trademark Clearinghouse.


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

Determined: Finding for Complainant 


Respondent has failed to establish any rights or legitimate interests. Respondent is not commonly known by the domain name, is not engaged in any non-commercial use of the domain name, and has not made any active use of the domain name at all. Respondent claims the domain name is derived from the Chinese pinyin romanized script for the characters “不处尔尔” "BU CHU ER ER" which characters roughly translate into English as "not mediocre". Respondent claims to have registered the domain name in order to set up a website relating to single life in China. Respondent also asserts it did not have Complainant and its Trade Mark in mind when it registered the domain name. There is no evidence adduced to support Respondent's bare assertion regarding such intended use. To date, the domain name has not been used at all. Furthermore, the domain name is not <buchuerer.xyz> which corresponds directly with the pinyin for “不处尔尔” "BU CHU ER ER" , but is <bucherer.xyz> which is, disregarding the gTLD suffix .xyz, identical to the Trade Mark.


[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 


Respondent is unable to credibly assert lack of knowledge of Complainant and of Complainant's rights in the Trade Mark at the time of registration, by virtue of the registration of the Trade Mark with the Trademark Clearinghouse. Respondent's contentions do not stand up to scrutiny. Given the repute of the Trade Mark worldwide, Respondent's prior notification of Complainant's rights via the Trademark Clearinghouse, Respondent's passive use of the domain name, the lack of any evidence to support Respondent's claimed intended use, and the inherent implausibility of Respondent's contentions regarding the genesis of the domain name, the Examiner has no hesitation in concluding that bad faith registration and use has been made out.


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.

Respondent has alleged 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. bucherer.xyz

 


Mr. Sebastian Matthew White Hughes
Examiner
Dated: April 12, 2016

 

 

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