WhatsApp Inc. v. zhang guo jie
Claim Number: FA1703001721077
Complainant: WhatsApp Inc. of Mountain View, California, United States of America.
Complainant Representative: Hogan Lovells (Paris) LLP of Paris, France.
Respondent: zhang guo jie of pu tian pu tian shi, FJ, International, CN.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Registry Services Corporation
Registrars: West263 International Limited
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Honorable Karl V. Fink (Ret.), as Examiner.
Complaint submitted: March 10, 2017
Commencement: March 13, 2017
Default Date: March 28, 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.
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
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.
1.2.6.1. that the registered domain name is 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.
1.2.6.2. that the Registrant has no legitimate right or interest to the domain name.
1.2.6.3. that the domain was registered or is being used in bad faith.
Additional URS sections provide:
8.4 If the Examiner finds that the Complainant has not met its burden, or that genuine issues of material fact remain in regards to any of the elements, the Examiner will reject the Complainant under the relief available under the .URS. That is, the Complaint shall be dismissed if the Examiner finds that evidence was presented or is available to the Examiner that the use of the domain name in question is a non-infringing use or fair use of the trademark.
8.5 Where there is any genuine contestable issue as to whether a domain name registration and use of a trademark are in bad faith, the Complainant will be denied, the .URS proceeding will be terminated without prejudice, e.g. a .URS Appeal, .UDRP, or a court proceeding may be utilized. The .URS is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse.
DETERMINATION
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 domain name contains Complaint’s Whatsapp mark and is identical to the mark. Respondent has no right or legitimate interest in the domain name and the domain was registered and is being used in bad faith. Complainant has established that Respondent must have been aware of Complainant’s mark and the registration of the domain name was in bad faith.
The Examiner hereby ORDERS the following domain name be SUSPENDED for the duration of the registration.
<whatsapp.pro>
Honorable Karl V. Fink (Ret.), Examiner
Dated: March 30, 2017
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