NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
Schneider Electric SA v. Long-Van NGUYEN-SAUVAGE
Claim Number: FA1502001604826
DOMAIN NAME
<schneider-electric.paris>
PARTIES
Complainant: Schneider Electric SA Isabelle Ponsolle of RUEIL-MALMAISON, France | |
Complainant Representative: Nameshield
Laurent Becker of Angers, France
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Respondent: Long-Van NGUYEN-SAUVAGE of Parid, IDF, II, FR | |
REGISTRIES and REGISTRARS
Registries: City of Paris | |
Registrars: DOMAINE.FR |
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. | |
Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: February 13, 2015 | |
Commencement: February 13, 2015 | |
Default Date: March 2, 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"). |
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
Procedural Findings: | ||
Multiple Complainants: Not applicable. | ||
Multiple Respondents: Not applicable. |
Findings of Fact: The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights. The domain name is identical to the International trademark "SCHNEIDER ELECTRIC" N°715395, registered on March 15th, 1999. The trademark "SCHNEIDER ELECTRIC" is also registered in the TradeMark ClearingHouse (TMCH) since November 26th, 2013. The wording "SCHNEIDER ELECTRIC" is related only with the Complainant. The new gTLD ".PARIS", associated with the trademark "SCHNEIDER ELECTRIC", refers to the Complainant's activity in the city of Paris. |
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 Complainant has provided proof that it holds valid national and regional registrations throughout the world for its mark SCHNEIDER ELECTRIC. Complainant has met met its burden by clear and convincing evidence regarding this element. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Registrant has failed to answer and therefore shown no legitimate right or interest to the domain name. Complainant has met met its burden by clear and convincing evidence regarding this element.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The domain name is currently parked and not being fairly used for any activities or business purposes. Complainant has shown that the Registrant has registered and is using the domain name in bad faith in violation of URS 1.2.6.3 (c) and (d). Complainant has met met its burden by clear and convincing evidence regarding this element. 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:
|
Darryl C. Wilson Examiner
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