IBM Corporation v. wangjie
Claim Number: FA1508001633106
Complainant: IBM Corporation of Armonk, New York, United States of America.
Respondent: wangjie of shixiaqu, shanghaishi, International, CN.
REGISTRIES and REGISTRARS
Registries: DotSpace Inc.
Registrars: Xin Net Technology Corporation
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Examiner in this proceeding.
Terry F. Peppard, as Examiner.
Complainant submitted: August 12, 2015
Commencement: August 13, 2015
Default Date: August 28, 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.
To obtain an order that a domain name be suspended, URS Procedure 1.2.6 requires Complainant to make out a prima facie case, proven by clear and convincing evidence, for each of the following three elements:
1. The registered domain name is identical or confusingly similar to
a mark for which Complainant holds a valid national or regional
registration, and that it is in current use;
2. Registrant has no right to or legitimate interest in the domain
name; and
3. The same domain name was registered and is being used by
Respondent in bad faith.
In its Complaint, Complainant shows that it holds a valid trademark and service mark registration for the SMARTER PLANET mark, registered with the United States Patent and Trademark Office as Registry No. 4,194,891, registered August 21, 2012, in, among others, international class 009 [computer hardware, computer software for use in controlling the operation and execution of programs and networks]. Respondent does not dispute any of this.
Identity or Confusing Similarity
There is no dispute that the contested <smarterplanet.space> domain name is substantively identical to Complainant’s SMARTER PLANET trademark and service mark, or that Complainant holds a valid registration for the mark and that it is in current use. Accordingly, we so find.
Registrant’s Rights or Interests
Complainant alleges, and Respondent does not deny, that Respondent is not making and has no plans to make, a bona fide offering of goods or services by means of the <smarterplanet.space> domain name, that Respondent has not been commonly known by the domain name, that Respondent has not made a fair use of the domain name, that Respondent has no rights to or legitimate interests in the domain name, that Respondent knew of Complainant and its rights in the SMARTER PLANET mark when it registered the domain name, that the domain name is likely to confuse Internet users as to the possibility of Complainant’s affiliation with it, that Respondent has not responded to a written cease-and-desist demand delivered to it by Complainant, and that Respondent has registered and is using the domain name in bad faith.
On these undenied facts, we have no difficulty in finding that Respondent has neither any rights to nor any legitimate interests in the contested domain name.
Registrant’s Bad Faith
Under the URS Procedure, essentially the same considerations that establish that Respondent has no rights to or legitimate interests in the contested <smarterplanet.space> domain name are also pertinent to an analysis of the question whether the domain name has been registered and is being used in bad faith. See URS Procedure ¶ 5.7. Accordingly, a finding of Respondent’s bad faith in its registration and use of the domain name follows directly from the discussion above of the absence of any rights to or legitimate interests accruing to the benefit of Respondent from the facts presented in the Complaint filed in this proceeding.
We find from a review of the record that the Complaint was not brought in an abuse of this proceeding and that it does not contain any material falsehoods.
Upon review of Complainant’s submissions, we find that Complainant has proven all three elements of the URS by clear and convincing evidence. We therefore Order that the <smarterplanet.space> domain name be SUSPENDED for the duration of its registration.
Terry F. Peppard, Examiner
Dated: August 28, 2015
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