Deutsche Lufthansa AG v. WhoisGuard, Inc.
Claim Number: FA1803001774892
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany.
Complainant Representative: Rauschhofer Rechtsanwaelte of Wiesbaden, Germany.
Respondent: WhoisGuard, Inc. of Panama, International, PA.
Respondent Representative: none
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
Registrars: NameCheap, Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Debrett Gordon Lyons as Examiner.
Complainant submitted: March 7, 2018
Commencement: March 8, 2018
Default Date: March 23, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Findings of Fact:
Even though the Respondent has defaulted, URS Procedure 1.2.6 requires the 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 is 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.
The Complainant provided documentary evidence that it is the registered owner of EUIPO Regn. No. 1212539, registered from February 26, 2001, as well as documents to show that the trademark is in current use.
The disputed domain name fully incorporates the Complainant’s trademark and adds the extension “.club” and the geographical country shorthand “us”. It is well established that the top level domain name is generally not an element of distinctiveness that is taken into consideration when evaluating the identity or confusing similarity between trademark and disputed domain name. Nor is the addition of “us” of distinctive value. The Examiner finds that the disputed domain name is therefore confusingly similar to the Complainant’s trademark.
The Examiner finds clear and convincing evidence that URS Procedure 1.2.6.1 is satisfied.
[1.2.6.2.] The Registrant has no legitimate right or interest to the disputed domain name.
The Complainant argues that the Respondent has no right or legitimate interest to the disputed domain name, that he has never been authorized by the Complainant to register the disputed domain name, that he has no connection or affiliation with the Complainant, and that there has been no bona fide use of the domain name. Instead, the domain name resolves to a webpage purporting to offer a lottery for free airline tickets. The lottery is bogus.
The Respondent did not deny these assertions in any way and therefore failed to prove any rights or legitimate interests in the disputed domain name.
The Examiner finds clear and convincing evidence that Respondent has no rights to or legitimate interests in the disputed domain name. Accordingly, URS Procedure 1.2.6.2 is satisfied.
[1.2.6.3.] The disputed domain name was registered and is being used in bad faith.
The Examiner finds clear and convincing evidence that Respondent targeted Complainant’s trademark at the time of registration of the disputed domain name.
Absent a response there is no plausible reason to find registration of the disputed domain name by the Respondent in good faith. The actual use of the domain name is in bad faith.
The Examiner finds clear and convincing evidence that the disputed domain name was registered and is being used in bad faith. Accordingly, URS Procedure 1.2.6.3 is satisfied.
No abuse or material falsehood.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
Debrett Gordon Lyons, Examiner
Dated: March 26, 2018
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