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
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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: 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.
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:
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:
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Richard W. Hill Examiner
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