URS DEFAULT DETERMINATION

 

BNP PARIBAS v. WhoisGuard, Inc.

Claim Number: FA1605001674562

 

DOMAIN NAME

<bnpparibas.site>

 

PARTIES

Complainant:  BNP PARIBAS of PARIS, France.

Complainant Representative: 

Complainant Representative: Nameshield of Angers, France.

 

Respondent:  WhoisGuard, Inc. of Panama, International, PA.

Respondent Representative:  

 

REGISTRIES and REGISTRARS

Registries:  DotSite Inc.

Registrars:  NameCheap, Inc.

 

EXAMINER

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.

 

Honorable Charles K. McCotter, Jr. (Ret.), as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: May 12, 2016

Commencement: May 12, 2016   

Default Date: May 27, 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

 

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.

 

[URS 1.2.6.2] 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.

 

IDENTICAL OR CONFUSINGLY SIMILAR

Complainant, BNP PARIBAS, a bank in Paris, France, has rights in the International trademark BNP PARIBAS, n° 728598, registered on February 2nd 2000. This trademark is also registered in the TMCH since October 23th, 2013. The domain name <bnp-paribas.site> is identical to the trademark BNP PARIBAS except for the addition of the new top level domain (“gTLD”) “.site,” and, therefore, is identical to the trademark under URS Procedure 1.2.6.1(i).

 

RIGHTS OR LEGITIMATE INTERESTS

Respondent is not commonly known by the <bnp-paribas.site> domain name. The domain name is not used for bona fide offering goods or services. The domain name points to a parking page featuring pay-per-click links relating to Complainant. Thus, Respondent has no legitimate right or interest to the domain name pursuant to URS Procedure 1.2.6.2.

 

REGISTRATION AND USE IN BAD FAITH

Respondent had actual knowledge of Complainant’s "BNP PARIBAS" trademark when registering the <bnp-paribas.site> domain name. Respondent has engaged in bad faith registration and use of the domain name under USR Procedure 1.2.6.3. 

 

DETERMINATION

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 name be SUSPENDED for the duration of the registration.

<bnp-paribas.site>  

 

 

Honorable Charles K. McCotter Jr., (Ret.), Examiner

Dated:  May 31, 2016

 

 

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