URS DEFAULT DETERMINATION


GROUPE LEA NATURE (PHARMACONCEPT COMMUNICATION DEVELOPPEMENT) v. lan qing tian et al.
Claim Number: FA1612001709867


DOMAIN NAME

<leanature.top>
 <leanature.vip>


PARTIES


   Complainant: GROUPE LEA NATURE (PHARMACONCEPT COMMUNICATION DEVELOPPEMENT) of PERIGNY CEDEX, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: lan qing tian lan qing tian of cds, scs, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Jiangsu Bangning Science & Technology Co.,Ltd.,Minds + Machines Group Limited
   Registrars: Chengdu west dimension digital

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.
   Richard W. Hill, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: December 29, 2016
   Commencement: December 30, 2016
   Default Date: January 16, 2017
   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]

  

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.

Determined: Finding for Complainant 


The domain names are identical to the International trademark "LEA NATURE" n° 1181010, registered on June 12th 2013. The trademark LEA NATURE is also registered in the TMCH since April 8th, 2014. The addition of the new gTLD ".VIP" and “.TOP” is not sufficient to escape the finding that the domain names are identical to the Complainant's trademark “LEA NATURE”. Indeed, the terms "VIP" and “TOP” are generic compared with the distinctive expression "LEA NATURE", and therefore doesn’t eliminate the likelihood of confusion with the trademark "LEA NATURE ". The addition of generic wording to a trademark in a domain name is insufficient to avoid a finding of confusing similarity and panels have usually found the incorporated trademark to constitute the dominant component of the disputed domain name.


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

Determined: Finding for Complainant 


According to the Whois of the disputed domain names, the Respondent is "lan qing tian". Thus Respondent is not commonly known by the disputed domain name. The websites in relation with the disputed domain names inactive, thus Respondent is not making a legitimate use of them. Further Respondent has not developed a demonstrable preparations to use the disputed domain names in connection with a bona fide offering of goods or services. Indeed, Respondent could not have used the domain names without infringing the Complainant’s intellectual property rights on the trademark LEA NATURE. Thus, it appears that Respondent has registered the domain names only in order to prevent Complainant to register it and to reflect its trademark in a 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.

Determined: Finding for Complainant 


It is long-established under the UDRP that a finding of bad faith and registration may be made even if the disputed domain names are not being used. According to paragraph 3.2 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, “[panels have found that the apparent lack of so-called active use (e.g., to resolve to a website) of the domain name without any active attempt to sell or to contact the trademark holder (passive holding), does not as such prevent a finding of bad faith. The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith. Examples of what may be cumulative circumstances found to be indicative of bad faith include the complainant having a well-known trademark, no response to the complaint having been filed, and the registrant’s concealment of its identity. Panels may draw inferences about whether the domain name was used in bad faith given the circumstances surrounding registration, and vice versa.” The Panel considers that the circumstances of the present case justify a finding of bad faith registration and use, given the nature of the domain names, of Complainant's mark, and of Complainant's business.


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.

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. leanature.top
  2. leanature.vip

 

Richard W. Hill
Examiner
Dated: January 16, 2017

 

 

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