URS DEFAULT DETERMINATION
Deutsche Lufthansa AG v. WhoisGuard, Inc. et al.
Claim Number: FA1704001728200
DOMAIN NAME
<staralliance.gold>
<staralliance.life>
<staralliance.site>
<staralliance.website>
PARTIES
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany | |
Complainant Representative: Rauschhofer Rechtsanwälte of Wiesbaden, Germany
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Respondent: WhoisGuard, Inc. WhoisGuard Protected of Panama, II, PA | |
REGISTRIES and REGISTRARS
Registries: June Edge, LLC,Trixy Oaks, LLC,DotSite Inc.,DotWebsite Inc. | |
Registrars: NameCheap, Inc.,Namecheap |
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 21, 2017 | |
Commencement: April 21, 2017 | |
Default Date: May 8, 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
Procedural Findings: | ||
Multiple Respondents: The registered Registrants for all domains is the whois privacy service & Quot;WhoisGuard" so the relationship is based on identity. Furthermore all domains share the identical content which indicate the true Registrant to be Lord Oxford. Considering all these elements The Examiner finds that the domain Respondents are evidently related. |
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 The Examiner finds that the Complainant holds a valid national or regional trademark registration and that is in current use. The Examiner finds that the Respondent’s domain names Staralliance.life; Staralliance.website; Staralliance.site and Staralliance.gold are substantially identical and confusingly similar to the Complainant's trademark Staralliance respectively. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Respondent is not an authorized licensee of the Complainant, nor is he authorized to use the Complainant's mark. The Examiner finds that the use of the domain names cannot be considered to constitute a legitimate noncommercial use of the domain names or a use connected with a bona fide offering of goods or services either.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The Examiner recognizes that bad faith exists where the Respondent, by using the domain name, has intentionally attempted to attract, for commercial gain, Internet users to its website or other online location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location. The Examiner agrees that someone who uses an identical trademark that evidently belongs to a third party to “build” a domain name where the only difference is the suffixes .life; .website; .site; and .gold, knows the trademark since it’s impossible to coin an identical word by coincidence. The Examiner also agrees that this is misleading and supports finding of bad faith registration (WIPO No. D2005-0072). Additionally, Panels have also noted that passive holding or non-use of a domain name is evidence of a lack of legitimate rights in the domain name (NAF FA- 097328; NAF FA96248). The Examiner agrees that users expect to receive information about StarAlliance flights or StarAlliance in general. The Examiner also agrees that it is impossible to imagine how the respondent should use that combination of words, if not pretending to act as an StarAlliance-official. The Complainant's mark StarAlliance is non-generic name. The consensus view of panels is that the domain name needs to be genuinely used and not to trade off third-party rights. The Examiner concludes that the Respondent clearly registered the Domain to catch the attention of travelers who look for StarAlliance related information. 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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Ho-Hyun Nahm Examiner
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