URS DEFAULT DETERMINATION


Deutsche Lufthansa AG v. REDACTED PRIVACY
Claim Number: FA1808001800812


DOMAIN NAME

<staralliance.group>
 <staralliance.tours>
 <staralliance.world>


PARTIES


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

   Respondent: Mohamed elkassab of Cairo, Cairo, EG
  

REGISTRIES and REGISTRARS


   Registries: Binky Moon, LLC
   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.
   Hector Ariel Manoff, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: August 10, 2018
   Commencement: August 10, 2018
   Default Date: August 27, 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: The Complainant owns the intensively used wordmark STARALLIANCE. “StarAlliance” is the world’s first and largest airline alliance worldwide. STARALLIANCE network offers more than 18,400 daily flights to 1,300 airports in 191 countries. Founded in 1997, the Complainant is one of the five founding airlines.

  

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 disputed domain names <staralliance.group>, <staralliance.tours> and <staralliance.world> are confusingly similar to the Complainant’s Trademarks STARALLIANCE. It combines the mentioned Trademark with the addition of generic or descriptive words, such as “group”, “tours” and “world”, indicating the purpose of selling STARALLIANCE related services. Examiner finds that the disputed domain names are confusingly similar to the Complainant’s trademark registrations and that Complainant has complied with URS 1.2.6.1 by demonstrating that the disputed domain name is confusingly similar to a mark for which the Complainant holds a valid national registration which is in current use.


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

Determined: Finding for Complainant 


Complainant has not authorized Respondent to use its registered trademark STARALLIANCE. No evidence was submitted by Respondent to prove that he is commonly known as STARALLIANCE. There is no evidence about rights or legitimate interest in STARALLIANCE and the disputed domain names, or evidence about a fair use either. The Examiner finds that the requirements set forth by URS 1.2.6.2 have been also met.


[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 


Since Complainant’s trademark is prior to the disputed domain names’ registration, Examiner concludes that the registration of the disputed domain name was made on bad faith. Regarding the use of the domain name, it is designed to attract users to its website where it impersonates Complainant. The used suffixes refer to information which users expect about StarAlliance. Examiner finds that the disputed domain name is being used in bad faith to attract users for commercial gain and that Complainant has complied with URS 1.2.6.3.


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. 

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. staralliance.group
  2. staralliance.tours
  3. staralliance.world

 

Hector Ariel Manoff
Examiner
Dated: August 30, 2018

 

 

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