URS DEFAULT DETERMINATION


Bloomberg L.P. v. Stephen Smith et al.
Claim Number: FA1710001751855


DOMAIN NAME

<bloombergbusinessweek.news>


PARTIES


   Complainant: Bloomberg L.P. Amin Kassam of New York, NY, United States of America
  

   Respondent: Stephen Smith of Oviedo, FL, US
  

REGISTRIES and REGISTRARS


   Registries: United TLD Holdco Ltd.
   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.
   Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: October 3, 2017
   Commencement: October 3, 2017
   Default Date: October 18, 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


   Procedural Findings:  
      Multiple Complainants: N/A
      Multiple Respondents: N/A

   Findings of Fact: Complainant is the owner of the mark BLOOMBERG and related marks. Complainant’s marks are strong and have gained secondary meaning through their continuous use in connection with Complainant’s electronic trading, financial news, and information businesses. On its face the domain name is confusingly similar to the BLOOMBERG mark. The Domain Name fully incorporates the BLOOMBERG mark and adds the generic extension “.news”  which, as a gTLD, is insufficient as a method of distinguishing the domain name form the mark of the owner. Respondent's choice of domain name is an unauthorized attempt to capitalize on the reputation of the BLOOMBERG mark. Complainant has not licensed or otherwise permitted Respondent to use Complainant’s BLOOMBERG mark or to apply for or use any domain name incorporating the BLOOMBERG mark. There is no evidence to suggest that the Respondent, as listed on the WHOIS record, is commonly known by the name  “Bloomberg.” Moreover, since Respondent’s current and apparently only use of the Domain Name points to a website with links to third-party advertising sites, Respondent cannot claim a right or legitimate interest in the domain based on its use of the Domain Name or a corresponding name in connection with a bona fide offer of goods or services.

  

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 


The registered domain name is identical or confusingly similar to Complainant's mark: that has been validated through court proceedings;


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Complainant has not licensed or otherwise permitted Respondent to use Complainant’s BLOOMBERG mark. No evidence suggest that the Respondent listed on the WHOIS record is commonly known by the name  “Bloomberg.”


[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 


The domain name(s) was/were registered and is being used in bad faith. 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.


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. 

Complainant is the registered owner of the BLOOMBERG mark and related marks. Complainant's assertions were uncontested as Respondent did not answer the complaint or otherwise participate in the proceedings. No abuse or material falsehoods were asserted.


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. bloombergbusinessweek.news

 

Darryl C. Wilson
Examiner
Dated: October 18, 2017

 

 

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