Lockheed Martin Corporation v. Evolve et al.
Claim Number: FA1810001813701
Complainant: Lockheed Martin Corporation of Bethesda, Maryland, United States of America.
Complainant Representative: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP of Washington, District of Columbia, United States of America.
Respondent: Evolve of Pune, Maharashtra, International, IN.
Evolve of Pune, India.
REGISTRIES and REGISTRARS
Registries: INFIBEAM INCORPORATION LIMITED
Registrars: PDR Ltd. d/b/a PublicDomainRegistry.com
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.
Jonathan Agmon, as Examiner.
Complainant submitted: October 26, 2018
Commencement: October 26, 2018
Response Date: October 26, 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.
Complainant, Lockheed Martin Corporation, is an American company in the business of global security and aerospace company principally engaged in the
research, engineering, design, and manufacture of advanced technology systems, products and services.
Complainant is the owner of the mark “LOCKHEED MARTIN” including U.S. Reg. No. 2,022,037, 2,022,038, 2,627,156 and 2,762,006 which was registered on September 9, 2003, bearing first date of use in April 30, 1996.
Complainant asserts the following against the Respondent:
1. The registered domain name is identical or confusingly similar to a word or mark [URS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use;
2. Registrant has no legitimate right or interest to the domain name [URS 1.2.6.2];
3. The domain name was registered and are being used in bad faith [URS 1.2.6.3] such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other online 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; Registrant registering the domain name primarily for the purpose of disrupting the business of a competitor; Registrant registering or acquiring 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.
The Respondent asserts that he has no intention to use the domain name and is ready to transfer the domain name or cancel the domain name.
[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 Complainant is the owner of trademark registration for LOCKHEED MARTIN including U.S. Reg. No. 2,022,037, 2,022,038, 2,627,156 and 2,762,006 which which was registered on September 9, 2003, bearing first date of use in April 30, 1996.
The domain name includes the Complainant's mark in its entirety, together with the gTLD ".ooo".
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
The Complainant has not authorized Respondent to use its LOCKHEED MARTIN mark. The Respondent is not commonly known by the registered domain name. The Respondent’s use is not a legitimate noncommercial or fair use, and is not in connection with a bona fide offering of goods or services. The Respondent did provide an answer to the Complaint.
[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 disputed domain name resolves to a parked page with pay-per-click links which clearly target the Complainant. The Complainant’s name and trademark appear prominently on these links. The links also include the name of a prominent product of the Complainant. Such links mislead Internet users to believe the page is either associated or sponsored by the Complainant. The conclusion is that the disputed domain name was registered and is being used in bad faith to attract for commercial gain and that Complainant has complied with URS 1.2.6.3 (b).
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.
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 names be SUSPENDED for the duration of the registration:
<lockheedmartin.ooo>
Jonathan Agmon, Examiner
Dated: October 30, 2018
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