Flight Club New York Ltd. v. Fu Zhou Xin Shi Jie Dian Zi Shang Wu You Xian Gong Si
Claim Number: FA1701001713142
Complainant: Flight Club New York Ltd. of New York, New York, United States of America.
Complainant Representative: Greenberg Traurig, LLP of New York, New York, United States of America.
Respondent: Fu Zhou Xin Shi Jie Dian Zi Shang Wu You Xian Gong Si of Beijing, Beijing, International, CN.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: DotStore Inc.
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)
The undersigned certifies that he or she has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
James Bridgeman, as Examiner.
Complainant submitted: January 18, 2017
Commencement: January 19, 2017
Default Date: February 3, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
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.
The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1] for which the Complainant holds a valid national or regional registration and that is in current use: Complainant has furnished clear and convincing evidence that Complainant is the registered owner of US registered Trademark FLIGHT CLUB, filed on March 12 2015 and registered on October 27, 2015 in international class 35 in respect of retail store services featuring footwear, clothing, sunglasses, and watches in class 35 (U.S. CLS. 100, 101 and 102)” claiming first use in commerce in April 2005.
Registrant has no legitimate right or interest to the domain name [URS/.usRS 1.2.6.2]: Complainant owns and manages a website at http://www.flightclub.com/ offering services in respect of which the FLIGHT CLUB mark was registered.
The disputed domain name resolves to a website which offers goods similar to those offered on Complainant’s website. Respondent has failed to respond or provide any evidence of rights in the domain name or explanation as to why Respondent registered the disputed domain name in December 2016 and is using said domain name identical to Complaint’s mark to sell goods in direct competition with Complainant.
There is therefore clear and convincing evidence that the disputed domain name was registered and are being used in bad faith [URS 1.2.6.3]
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
<flightclub.store>
Complainant is reminded of URS Procedure 11 when making future filings.
James Bridgeman, Examiner
Dated: February 05, 2017
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