URS DEFAULT DETERMINATION
Seafolly IP Co. Pty Ltd (formerly known as P & Y Halas Pty Limited) v. Zhang Shuai et al.
Claim Number: FA1812001820085
DOMAIN NAME
<seafolly.club>
<seafolly.group>
<seafolly.live>
<seafolly.shop>
PARTIES
Complainant: Seafolly IP Co. Pty Ltd (formerly known as P & Y Halas Pty Limited) of ALEXANDRIA, Australia | |
Complainant Representative: K&L Gates
Jonathan A Feder of Melbourne, --, Australia
|
Respondent: Zhang Shuai Zhang Shuai of Qing Dao Shi, Shan Dong, II, CN | |
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC,Binky Moon, LLC,Dog Beach, LLC,GMO Registry, Inc. | |
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn),Alibaba Cloud Computing 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. | |
Lars Karnøe, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: December 10, 2018 | |
Commencement: December 13, 2018 | |
Default Date: December 28, 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: Determined: Finding for Complainant [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant 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:
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:
|
Lars Karnøe Examiner
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