URS DEFAULT DETERMINATION

JCDECAUX SA v. 宋光宇
Claim Number: FA1712001762776

DOMAIN NAME

<jcdecaux.vip>

PARTIES

	Complainant: JCDECAUX SA of PLAISIR, France
	Complainant Representative: Nameshield Laurent Becker of Angers, France

	Respondent: 宋光宇宋光宇宋光宇 of 市辖区, 北京市, II, CN

REGISTRIES and REGISTRARS

	Registries: Minds + Machines Group Limited
	Registrars: Chengdu west dimension digital

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.
	Alan L. Limbury, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: December 14, 2017
	Commencement: December 14, 2017
	Default Date: January 2, 2018
	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: [OptionalComment]

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

Since the gTLD "vip" is inconsequential in relation to this element, the domain name is identical to the Complainant's internationally registered JCDECAUX trademark No. 803987, registered on November 27, 2001 and currently in use.

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

Determined: Finding for Complainant

The Complainant's assertions that the Respondent is not related to the Complainant’s business; that the Complainant has no business with the Respondent; that the Respondent is not commonly known by the domain name; that the Respondent has made no use of the domain name to date except in order to sell it; and has not provided any evidence of an intention to make a legitimate non-commercial or fair use of the domain name suffice to establish a prima facie case of lack of rights or legitimate interests in the domain name on the part of the Respondent. In the absence of any Response, the Panel finds that the Complainant has established this element.

[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 was registered on May 27, 2016. It resolves to a webpage at which it is offered for sale. In light of the significant international reputation of the Complainant's mark, the domain name must have been registered with that mark in mind. In the absence of any Response, the Panel concludes that the domain name was registered and is being used in bad faith.

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:

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:

jcdecaux.vip

Alan L. Limbury
Examiner
Dated: January 2, 2018

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