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

   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:
  (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 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.
  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 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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. schneider-electric.paris

 

Darryl C. Wilson
Examiner
Dated: March 5, 2015

 

 

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