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

   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:
  (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 


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.
  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 


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:


  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. astonmartin.store

 

Richard W. Hill
Examiner
Dated: February 1, 2017

 

 

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