URS DEFAULT DETERMINATION


Hapag-Lloyd AG v. Zhang Zheng Guang
Claim Number: FA1803001774861


DOMAIN NAME

<hapag-lloyd.ltd>


PARTIES


   Complainant: Hapag-Lloyd AG of Hamburg, Germany
  
Complainant Representative: HARMSEN UTESCHER Dominik Kirschner of Hamburg, Germany

   Respondent: Zhang Zheng Guang Zhang Zheng Guang of wu han wu han shi, BJ, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Binky Moon, LLC
   Registrars: Chengdu West Dimension Digital Technology Co., Ltd.

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.
   Honorable Charles K. McCotter Jr., (Ret.), as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: March 7, 2018
   Commencement: March 7, 2018
   Default Date: March 22, 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 


The <hapag-lloyd.ltd> domain name is identical to Complainant’s trademark “HapagLloyd,” which Complainant currently uses.


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

Determined: Finding for Complainant 


No current use is being made of the disputed domain name. It leads to an error notice; “server IP address could not be found”.


[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 


Registrant is not making an active use of the disputed 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 Complainant’s mark.


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 has prevailed in this proceeding.


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. hapag-lloyd.ltd

 

Honorable Charles K. McCotter Jr., (Ret.)
Examiner
Dated: March 26, 2018

 

 

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