URS DEFAULT DETERMINATION


JCDecaux SA v. Pan Jing
Claim Number: FA1704001726723


DOMAIN NAME

<jcdecaux.online>


PARTIES


   Complainant: JCDecaux SA of PLAISIR, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: Pan Jing Pan Jing of Bei Jing, Bei Jing, II, CN
  

REGISTRIES and REGISTRARS


   Registries: DotOnline Inc.
   Registrars: EJEE Group Holdings Limited

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.
   Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: April 13, 2017
   Commencement: April 13, 2017
   Default Date: April 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").

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 


A. The domain name(s) is/are identical to Complainant’s trademark(s) The domain name is identical to the Complainant’s international trademark “JCDECAUX” no. 803987 registered on November 27th, 2001. The oldest trademark being registered in France on May 17th, 1984. The addition of the new gTLD ".ONLINE" is not sufficient to escape the finding that the domain name is identical to the Complainant's trademark “JCDECAUX” and therefore doesn’t eliminate the likelihood of confusion with its trademark.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


B. Registrant has no legitimate right or interest to the domain name The Respondent has no rights or interests in respect of the domain name and is not related to the Complainant’s business. The Complainant does not carry out any activity for, nor has any business with the respondent. According to the Whois of the disputed domain name, the Respondent is "Pan Jing". Past panels have held that a Respondent was not commonly known by a domain name if the Whois information was not similar to the domain name. Thus, the Respondent is not known as "JCDECAUX". Please see for instance: NAF - FA699652 - Braun Corp. v. Loney Furthermore, the domain name does not resolve to an active website. The Respondent has made no use of the domain name to date and he has not provided any evidence to support that he intends to make a legitimate non-commercial or fair use of the 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 


C. The domain name was registered and is being used in bad faith The domain name is identical to the Complainant’s trademarks “JCDECAUX” registered on November 27th, 2001. The Complainant has a strong reputation and a high-profile presence in advertising and media sectors all around the world, with more than 49,300 screens across 30 countries in Airports, Rail and Metro Stations, Shopping Malls, on Billboards and Street Furniture. The domain name displays an inactive webpage, and the domain name is offered for sale on the SEDO’s platform at the price of USD 2000$. It demonstrates that the registration of this domain name was made for the sole purpose to sell it. Respondent 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.


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. jcdecaux.online

 

Ho-Hyun Nahm
Examiner
Dated: May 1, 2017

 

 

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