URS DEFAULT DETERMINATION
Aston Martin Lagonda Limited v. haoyue zhang
Claim Number: FA1701001712679
DOMAIN NAME
<astonmartin.store>
PARTIES
Complainant: Aston Martin Lagonda Limited of Warwick, United Kingdom | |
Complainant Representative: Aaron B Newell of London, United Kingdom
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Respondent: haoyue zhang of shang hai, Shanghai, II, CN | |
REGISTRIES and REGISTRARS
Registries: DotStore Inc. | |
Registrars: CHENGDU WEST DIMENSION DIGITAL TECHNOLOGY CO., LTD. |
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: January 16, 2017 | |
Commencement: January 17, 2017 | |
Default Date: February 1, 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 Complainant is an internationally renowned manufacturer of luxury sports cars with a network of 140 dealerships around the world; it secured a revenue of £510 million in 2015; it boasts a longstanding association with the James Bond franchise, which has recognised the ASTON MARTIN vehicle as “James Bond’s car”; it) owns over 900 filed trade marks in over 80 registers worldwide, including EUTM registration no 8367815 ASTON MARTIN and Chinese TM registration no 13932588 and 8563677 covering, inter alia, vehicles and parts and fittings for vehicles (class 12) and more importantly retail services (class 35); it promoted its products and services online since at least 1995 at www.astonmartin.com and across a number of other tLDs and ccTLDS, with an online presence which includes over 288 active domain names worldwide. The disputed domain name is identical to the Complainant’s registered trade mark and brand. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent has no authorisation to use the ASTON MARTIN name and/or to sell authorised or authentic products or offer authorised services featuring the ASTON MARTIN name; nothing in the record indicates that Respondent is known by the dispute domain name. Respondent has listed the disputed domain name for sale, along with various other domain names (bentleymotors.store, burberry.store, bvlgari.store and ipay.cloud). This does not establish legitimate rights or interests in the dispute 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 Respondent has listed the disputed domain name for sale, along with various other domain names (bentleymotors.store, burberry.store, bvlgari.store and ipay.cloud), showing intent to profit and take advantage of the Complainant’s brand name along with the prestige and repute associated with it. 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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