URS DEFAULT DETERMINATION

Deutsche Lufthansa AG v. Domains By Proxy, LLC
Claim Number: FA1805001788624

DOMAIN NAME

<staralliance.app>

PARTIES

	Complainant: Deutsche Lufthansa AG of Frankfurt, Germany
	Complainant Representative: Rauschhofer Rechtsanwaelte of Wiesbaden, Germany

	Respondent: Domains By Proxy, LLC / Registration Private Domains By Proxy, LLC of Scottsdale, AZ, US

REGISTRIES and REGISTRARS

	Registries: Charleston Road Registry Inc.
	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.
	Ahmet Akguloglu, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: May 25, 2018
	Commencement: May 25, 2018
	Default Date: June 11, 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

	Procedural Findings:
		Multiple Complainants: The Complaint does not allege multiple Complainants.
		Multiple Respondents: The Complaint does not allege multiple Respondents.

Findings of Fact: The Complainant claimed that StarAlliance, headquartered in Frankfurt/Germany, is the world’s first and largest airline alliance worldwide and offers more than 16,500 daily flights to 912 destinations in 159 countries. The Complainant also asserted that STARALLIANCE and LUFTHANSA are famous and well-known trademarks operating worldwide, being impossible to say that one does not know. The Complainant stated that someone who uses and identical trademark that evidently belongs to a third party to build a domain name where only difference is the suffix.app, knows the trademark since it’s impossible to coin an identical word by coincidence. The Complainant claimed that the respondent has no legitimate right or interest on the domain name and the domain name was registered and is being used in bad faith.

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

It is clear that the Complainant has met its burden by clear and convincing evidence that the domain name is identical to the word mark STARALLIANCE for which the Complainant holds valid regional registration and that are in current use.

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

Determined: Finding for Complainant

The Complainant did not authorize the Respondent for use of the STARALLIANCE trademark. The Respondent accepted that he has not legitimate interest for usage of the STARALLIANCE trademark. Therefore, it is understood that the Respondent does not have any right or legitimate interest over the disputed domain name.

[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

Given the well-known status of the Complainant’s trademark, the Respondent was clearly well aware of the Complainant and of its rights on the trademark when it registered the domain name. Besides, the Respondent has proceeded to register and use the domain name in order to attract intentional commercial gain from internet users by way of parking the page in order to gain pay-per-click revenue. Accordingly, the Examiner finds that the Respondent registered and used the disputed domain name 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:

staralliance.app

Ahmet Akguloglu
Examiner
Dated: June 15, 2018

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