Lockheed Martin Corporation v. N/A
Claim Number: FA1507001629910
Complainant: Lockheed Martin Corporation, of Bethesda, Maryland, United States of America.
Complainant Representative: Lynne M.J. Boisieau
Complainant Representative: McDermott Will & Emery LLP, of Irvine, California, USA.
Respondent: geosum geosum
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: DotWebsite Inc.
Registrars: PDR Ltd. d/b/a PublicDomainRegistry.com
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Jeffrey M. Samuels, as Examiner.
Complainant submitted: July 21, 2015
Commencement: July 22, 2015
Default Date: August 6, 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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is the owner of U.S. Trademark Registration No. 2,762,006, for the trademark LOCKHEED MARTIN, as used on tops, tee-shirts, sweatshirts, jackets, hats and caps.
Respondent is not affiliated with, nor been licensed or permitted to use Complainant’s mark. After discovering Respondent’s registration of the disputed domain name, Complainant’s counsel sent a cease and desist letter to Respondent on July 14, 2015. On July 15, 2015, Complainant’s counsel received an email from Respondent refusing to relinquish the domain name and offering to sell the domain name for €15,764. The disputed domain name reverts to a website that indicates that “This webpage is not available.”
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.
The Examiner finds that the registered domain name, lockheedmartin.website, is confusingly similar to a mark in which Complainant has rights and that is in current use. The domain name incorporates in full the LOCKHEED MARTIN trademark and the top-level domain “website” is purely generic or descriptive in character. As noted above, Complainant is the owner of a U.S. trademark registration for the LOCKHEED MARTIN mark.
The Examiner finds that Respondent has no legitimate right or interest in the disputed domain name. There is no evidence that the domain name is being used in connection with the bona fide offering of goods and services, that Respondent is commonly known by the domain name, or that Respondent is making a legitimate noncommercial or fair use of the domain name.
Finally, the Examiner finds that the disputed domain name was registered and is being used in bad faith. As noted by Complainant, “Respondent’s failure to use the Domain Name for a legitimate purpose is evidence of Respondent’s bad faith use and registration.” See Lockheed Martin Corp. v. Hand of Yes, FA 1590665 (Nat. Arb. Forum Dec. 11, 2014); Netflix, inc. v. Aidan Power, FA 1590151 (Nat. Arb. Forum Dec. 21, 2014). Additional evidence of the requisite bad faith may be found in Respondent’s offer to sell the domain name to Complainant for a sum far in excess of the expenses incurred in obtaining the domain name registration and the fact that Respondent previously has been found to have violated the applicable policy in connection with another domain name. See ARCELORMITTAL S.A. v. N/A/ et al., FA 1627541 (Nat. Arb. Forum July 13, 2015).
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:
lockheedmartin.website
Jeffrey M. Samuels, Examiner
Dated: August 9, 2015
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