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
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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: 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.
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:
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:
|
Mr. Sebastian Matthew White Hughes
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