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:
  (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 


[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.
  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 


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. virgin.reviews
  2. virginatlantic.reviews
  3. virginaustralia.reviews

 

Vali Sakellarides
Examiner
Dated: August 10, 2017

 

 

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