GREUBEL FORSEY S.A v. Chen gang et al.
Claim Number: FA1501001600802
Complainant: GREUBEL FORSEY S.A of La Chaux-de-Fonds, Switzerland.
Complainant Representative:
Complainant Representative: Dennemeyer & Associates S.A of HOWALD, Luxembourg.
Respondent: Chen gang of hangzhoushi, zhejiang, International, CN.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
Registrars: Shanghai Meicheng Technology Information Development Co., Ltd.
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.
Honorable John A. Bender as Examiner.
Complainant submitted: January 20, 2015
Commencement: January 21, 2015
Default Date: February 5, 2015
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.
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.
According to Article 1.2.6.1 of the URS, the domain name <greubelforsey.top> is identical to a word mark for which the Complainant holds a valid national or regional registration that is in current use. Greubel Forsey S.A, the Complainant, is a Company launched in 2004 by Robert Greubel and Stephen Forsey specializes in luxury timepieces. The Complainant is owner of the trademark GREUBEL FORSEY registered amongst others in Switzerland under Registration Nr. P516451in class 14 for “precious metals and their alloys and goods in precious metals or coated therewith, included in other classes; jewelry, precious stones; homological and chronometric instruments” since 13.10.2003. The trademark GREUBEL FORSEY is registered as well in Moldova under Nr. 22611 since 16.04.2012. Furthermore, the Complainant GREUBEL FORSEY S.A owns and operates a website incorporating the GREUBEL FORSEYTrademark, for instance <greubelforsey.com>.
The domain name <greubelforsey.top> was registered on 12.12.2014 and is identical to the Complainant´s trademarks for these purposes, as it wholly incorporates the trademark GREUBEL FORSEY. The addition of the “top” does not dilute the overall impression of the dominant portion of the names “GREUBEL FORSEY” and is therefore irrelevant in the determination of confusing similarity of the uses. For these purposes the disputed domain name and the Complainant’s Trademark and domain name are identical.
According to Article 1.2.6.2 of the URS, the Registrant has no legitimate Right or Interest in the domain name. First, the Registrant has no legitimate right to the name GREUBEL FORSEY which is the name of the Complainant’s Company and is composed of each of the creators’ last name. Furthermore, GREUBEL FORSEY have not licensed or otherwise authorized the Registrant to use its Trademark or to apply for any domain name incorporating the trademark. There is no evidence that the Registrant is making a legitimate non-commercial or fair use of the domain name since the
website does not lead to an active website. There is no mention that the website will come soon and/or is under construction, nor does it show a bona fide offering of goods or services.. Complainant is the sole holder of rights to the name “GREUBEL FORSEY” in Trademark offices or Registries of Companies. The Respondent’s name is not the same or similar to the protected mark or domain name so that no legitimate right or use in Respondent shall be recognized.
According to Article 1.2.6.3 of the URS, the domain name was registered and is being used in bad faith. The above facts lead to that conclusion, and I find, that the Registrant registered the domain name in order to extract economic benefit from Complainant, without any right to do so which constitutes bad faith for these purposes.
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.
<greubelforsey.top>]
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Honorable John A. Bender, Examiner
Dated: February 05, 2015
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