URS DEFAULT DETERMINATION
Virgin Enterprises Limited v. Global LLC et al.
Claim Number: FA1707001740975
DOMAIN NAME
<virgin.reviews>
<virginatlantic.reviews>
<virginaustralia.reviews>
PARTIES
Complainant: Virgin Enterprises Limited of London, United Kingdom | |
Complainant Representative: Stobbs
Julius E Stobbs of Cambridge, United Kingdom
|
Respondent: Global Domains Corp LLC of San Marino, II, SM | |
REGISTRIES and REGISTRARS
Registries: REVIEWS Registry | |
Registrars: Dynadot LLC |
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. | |
Vali Sakellarides, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: July 21, 2017 | |
Commencement: July 21, 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"). |
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: The Complainant owns rights in VIRGIN through trade mark registrations and SMDs 0000003261498183204827-1 (VIRGIN), 0000003291498183205092-1 (VIRGIN ATLANTIC) and 0000003301498183205173-1 (VIRGIN AUSTRALIA). The Complainant also has a significant reputation and has a vast amount of goodwill in the VIRGIN name globally. The Virgin Group originated in 1970 and has expanded into a wide variety of businesses. As a result, the Virgin Group now comprises over 200 companies worldwide operating in 32 countries including throughout Europe and the USA. The Virgin Group employ in excess of 40,000 people, generating an annual turnover of 4.6 billion pounds. Launched in 1984 VIRGIN ATLANTIC currently carries over 4 million passengers a year. The company turnover in 2013 was £2.58 billion. The total number of passengers carried in 2010 was 5, 522, 715. The total marketing spent in 2014 was 53, 738, 000 (£). VIRGIN BLUE was rebranded to VIRGIN AUSTRALIA in 2011, the airline began as an internal domestic Australian operator but now flies to New Zealand. The turnover of said companies is 2013 was 4,020 million Australian dollars. The airline is now Australia’s second largest domestic carrier and in 2013 carried 19.3 million passengers. The Complainant made attempts to contact the owner of the domains to reach an amicable solution but no response was received. The Complainant provided proof that the domains in question resolve to a parking page with pay-per-client advertising from which the Respondent seeks financial gain. |
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 [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant 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:
|
Vali Sakellarides Examiner
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