URS DEFAULT DETERMINATION
SCHNEIDER ELECTRIC SE v. daitian
Claim Number: FA1706001735166
DOMAIN NAME
<schneiderelectric.store>
PARTIES
Complainant: SCHNEIDER ELECTRIC SE of RUEIL-MALMAISON, France | |
Complainant Representative: Nameshield
Anne Morin of Angers, France
|
Respondent: daitian tian dai of Beijing, II, CN | |
REGISTRIES and REGISTRARS
Registries: DotStore Inc. | |
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) |
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. | |
David L. Kreider Esq,, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: June 9, 2017 | |
Commencement: June 9, 2017 | |
Default Date: June 26, 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: Determined: Finding for Complainant The DDN is identical to Complainant's registered trademark. Respondent's use of Complainant's registered trademark in conjunction with the gTLD ".STORE", increases, rather then reduces, the likelihood of confusion to the public. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent is not related in any way to Complainant and has no legitimate right or interest in or to Complainant's registered mark.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant's registered mark was registered with the TMCH some years before Respondent registered the DDN on November 18, 2016. Respondent would accordingly have been put on notice of Complainant's rights in and to the SCHNEIDER ELECTRIC mark. 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:
|
David L. Kreider Esq, Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page