BNP PARIBAS v. yang yi
Claim Number: FA1605001674564
Complainant: BNP PARIBAS of PARIS, France.
Complainant Representative:
Complainant Representative: Nameshield of Angers, France.
Respondent: yang yi of suzhoushi, jiangsusheng, International, CN.
REGISTRIES and REGISTRARS
Registries: XYZ.COM LLC
Registrars: Xin Net Technology Corporation
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Examiner in this proceeding.
Terry F. Peppard, as Examiner.
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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Respondent has defaulted. Nonetheless, 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 in order to obtain a determination that a domain name should be suspended:
1. The registered domain name is identical or confusingly similar to
a mark for which Complainant holds a valid national or regional registration and that it is in current use;
2. Registrant has no right to or legitimate interest in the domain name;
and
3. The same domain name was registered and is being used by
Respondent in bad faith.
In its Complaint, Complainant shows that it holds a valid registration for the mark BNP PARIBAS, Registry No. 728,598, registered February 23, 2000, in International Class 035 [business management assistance, business organization and management consulting, etc.], International Class 036 [banking operations, financial operations, monetary operations, etc.] and International Class 038 [telecommunications, communications via fiber optic networks, communications via computer terminals, etc.], and that it is in current use. Respondent does not dispute any of this.
Identity or Confusing Similarity
There is no dispute that the domain name <bnpparibas.xyz> is substantively identical, and therefore confusingly similar, to Complainant’s BNP PARIBAS mark, or that Complainant holds a valid registration for the mark and that it is in current use. Accordingly, we so find.
Registrant’s Rights or Interests
Complainant alleges, and Registrant does not deny, that Registrant is not related to Complainant or its business, that Complainant does not carry on any business with Registrant, that Registrant has not been commonly known by the disputed <bnpparibas.xyz> domain name, that the website resolving from the domain name has been inactive since the date of its registration, that Registrant has not demonstrated any preparations to use the domain name in connection with a bona fide offering of goods or services, and that Registrant was aware of Complainant and its BNP PARIBAS mark when it registered the domain name.
On these undenied facts, we have no difficulty in finding that Respondent has neither any rights to nor any legitimate interests in the contested domain name.
Registrant’s Bad Faith
Under the URS Procedure, essentially the same considerations that establish that Respondent has no rights to or legitimate interests in a disputed domain name are also pertinent to an analysis of whether the domain name has been registered and is being used in bad faith. See URS Procedure ¶ 5.7. Accordingly, a finding of bad faith in the registration and use of the <bnpparibas.xyz> domain name follows directly from the discussion above of the absence of any rights or legitimate interests accruing to the benefit of Respondent from the facts presented in the Complaint filed in this proceeding.
We find from a review of the record that the Complaint is not an abuse of this proceeding and that it contains no material falsehoods.
Upon review of Complainant’s submissions, we find that Complainant has proven all three elements of the URS Procedure by clear and convincing evidence. We therefore Order that the domain name <bnpparibas.xyz> be SUSPENDED for the duration of its registration.
Terry F. Peppard, Examiner
Dated: May 31, 2016
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