Virgin Enterprises Limited v. deng hua
Claim Number: FA1411001589588
Complainant: Virgin Enterprises Limited of London, United Kingdom.
Complainant Representative: Stobbs of Cambridge, United Kingdom.
Respondent: deng hua of beijing, International, China.
REGISTRIES and REGISTRARS
Registries: .CLUB DOMAINS, LLC
Registrars: GoDaddy.com, LLC
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: November 12, 2014
Commencement: November 14, 2014
Default Date: December 2, 2014
Having reviewed the communications records, the Examiner finds that the National Arbitration 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, Virgin Enterprises Limited, is a well-known company that originated in 1970 and has a variety of businesses. The Virgin Group now comprises over 200 companies worldwide operating in 32 countries.
VIRGIN ATLANTIC was launched as an airline in 1984 and currently carries over 4 million passengers a year.
The trademark VIRGIN ATLANTIC is well-known throughout the world and enjoys a reputation as a leading airline company.
The Complainant is the owner of numerous trademark registrations for the VIRGIN and VIRGIN ATLANTIC marks around the world. For example, U.S. trademark registration no. 2808270 – VIRGIN ATLANTIC, with the registration date January 27, 2004. This is further supported by the fact that the VIRGIN ATLANTIC name has been submitted and verified with the Trade Mark Clearinghouse.
Complainant asserts the following regarding the Respondent; 1. The registered domain name(s) is/are 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(s) was/were 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.
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
Complainant is the owner of a trademark registration for VIRGIN ATLANTIC mark, including U.S. Reg. No. 2808270.
The domain name includes the Complainant's mark in its entirety, with the insignificant hyphen between the words VIRGIN and ATLANTIC, in addition to the gTLD ".club".
Therefore, the Panel finds that the <virgin-atlantic.club> domain name is confusingly similar to the VIRGIN ATLANTIC mark pursuant to URS Procedure 1.2.6.1.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
There is no evidence that Respondent is known as VIRGIN ATLANTIC. The domain name resolves to a parking page. Complainant has met its burden. Respondent provided no response 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
Since Complainant's trademark was registered long before the disputed domain name was registered and a number of attempts were made settle the matter with no response, the disputed name resolves to a parking website provides income to the Respondent, that offers jobs and other services in the flight industry, as well as cheap flights, the conclusion is that the disputed domain name was registered and is being used in bad faith to attract Internet users for commercial gain for the Respondent and that Complainant has complied with URS 1.2.6.3 (b).
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:
<virgin-atlantic.club>
Jonathan Agmon, Examiner
Dated: December 3, 2014
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