URS DEFAULT DETERMINATION
Expedia, Inc. v. mbi
Claim Number: FA1503001611443
DOMAIN NAME
<expedia.reviews>
PARTIES
Complainant: Expedia, Inc. of Bellevue, WA, United States of America | |
Complainant Representative: Steven M Levy of Philadelphia, PA, United States of America
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Respondent: mbi walid ben ayed of ariana, n/a, TN | |
REGISTRIES and REGISTRARS
Registries: REVIEWS Registry | |
Registrars: Go France Domains, LLC |
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. | |
Richard W. Hill, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: March 25, 2015 | |
Commencement: March 27, 2015 | |
Default Date: April 13, 2015 | |
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 Complainant owns and promotes the distinctive and globally famous EXPEDIA trademark and the domain Expedia.com and makes extensive use of them such that they have become globally famous. The mark has also been registered in many counties. Under the EXPEDIA mark, Complainant operates an online travel service comprised of more than 150 travel booking sites in more than 70 countries. These services are used by 60 million unique visitors each month. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Since its creation in June of 2014, the Domain has redirected users to a GoDaddy parking page. This use does not provide Respondent with any legitimate right or interest. Respondent is not known by the name EXPEDIA or the Expedia.reviews domain, it is not licensed to use the mark and it does not own any trademark rights in the mark. Finally, the function of the Domain does not fit into any accepted definition of “fair use” such as comment, criticism, etc.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent intentionally used the Complainant's globally famous mark without consent from Complainant. EXPEDIA has no generic or descriptive meaning and so Respondent can only have chosen it based upon its knowledge of the mark. The Expedia.reviews domain (the “Domain”) is identical or confusingly similar to the Complainant's mark. Searchers will likely be confused into believing that there is a connection of source, sponsorship, affiliation or endorsement between the Complainant and Respondent. The Domain creates confusion by making users think that they are being linked to a website or service that is licensed or authorized by 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:
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Richard W. Hill Examiner
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