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

   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:
  (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 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.
  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 


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:


  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. expedia.reviews

 

Richard W. Hill
Examiner
Dated: April 14, 2015

 

 

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