URS DEFAULT DETERMINATION
Virgin Enterprises Limited v. Domains By Proxy, LLC
Claim Number: FA1707001741435
DOMAIN NAME
<virginconnect.life>
PARTIES
Complainant: Virgin Enterprises Limited of London, United Kingdom | |
Complainant Representative: Stobbs
Julius E Stobbs of Cambridge, United Kingdom
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Respondent: Domains By Proxy, LLC Registration Private of Scottsdale, AZ, US | |
REGISTRIES and REGISTRARS
Registries: Trixy Oaks, LLC | |
Registrars: GoDaddy.com, 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 26, 2017 | |
Commencement: July 26, 2017 | |
Default Date: August 10, 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 through having had a validated entry made at the Trade Mark Clearinghouse under SMDs 0000003261412946903992-1 (VIRGIN) and 000000220211498183206687-1 (VIRGIN CONNECT). 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. Virgin Connect is a Russian telecoms company with a global brand name. The Complainant provided details of multiple trademarks VIRGIN and VIRGIN CONNECT filed in different countries worldwide. It also provided a screenshot of the contested domain name website which is not active. |
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:
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Vali Sakellarides Examiner
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