Cora Besser-Siegmund v. Uwe Wohlgemuth
Claim Number: FA1707001740579
Complainant: Cora Besser-Siegmund of Hamburg, Germany.
Complainant Representative:
Complainant Representative: VKK Patentanwälte of Hamburg, Germany.
Respondent: Uwe Wohlgemuth of Köln, International, DE.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Koko Island, LLC
Registrars: united-domains AG
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.
Ms. Marie Emmanuelle Haas Ms., as Examiner.
Complainant submitted: July 19, 2017
Commencement: July 20, 2017
Default Date: August 7, 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.
URS paragraph 1.2.6.1: The domain name at issue is composed with the Complainant’s WINGWAVE trademark, together with the extension “.coach”.
The extension “.coach” refers to the training services designated by the Complainant’s WINGWAVE trademark.
The domain name is identical to the Complainant’s WINGWAVE trademark, for which the Complainant holds valid rights on a worldwide basis, especially in Germany, in the European Union and in the United States.
URS paragraph 1.2.6.2: Respondent has no legitimate right or interest in the domain name.
Respondent is not licensed and has not been authorized to register or use the domain name. He is not commonly known under the domain name at issue.
URS paragraph 1.2.6.3: the domain was registered and is being used in bad faith.
Given the fact that Respondent is domiciled in Germany and that the WINGWAVE trademark is a coined trademark protected for training services, it could not reasonably ignore the Complainant’s WINGWAVE trademark when registering the domain name at issue.
Complainant’s WINGWAVE trademark had been submitted and verified by the Trademark Clearing House, what means that Respondent must have received a warning indicating that WINGWAVE is a trademark belonging to the Complainant.
Despite this warning, the Respondent chose to continue the registration process.
The disputed domain name resolves to a webpage offering to send a message.
Such a use enables the Respondent to collect personal data from third parties who may believe that they are contacting the Complainant.
For these reasons, the Examiner finds that, Complainant made 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.
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.
Ms. Marie Emmanuelle Haas, Examiner
Dated: August 07, 2017
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