URS FINAL DETERMINATION


Wolfram Group LLC v. Roberto Scalas et al.
Claim Number: FA1509001638789


DOMAIN NAME

<mathematica.ovh>


PARTIES


   Complainant: Wolfram Group LLC Noah K Tilton of Champaign, IL, United States of America
  
Complainant Representative: Wolfram Group LLC Noah K Tilton of Champaign, IL, United States of America

   Respondent: Roberto Scalas of Cagliari, Italy
  

REGISTRIES and REGISTRARS


   Registries: OVH SAS
   Registrars: OVH

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.
   Carol Stoner Esq., as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: September 21, 2015
   Commencement: September 23, 2015
   Response Date: September 23, 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


   Procedural Findings:  
      Multiple Complainants: Not Applicable.
      Multiple Respondents: Not Applicable.

   Findings of Fact: [OptionalComment]

  

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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 


The registered domain name is identical or confusingly similar to a word mark for which the Complainant holds a valid national or regional registration and which is in current use, in accordance with URS 1.2.6.1


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


The Registrant has no legitimate right or interest to the domain name, in accordance with URS 1.2.6.2.


[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 


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, in accordance with URS 1.2.6.3.a, and 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, in accordance with URS 1.2.6.3.d.


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.

Respondent has alleged 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. 

Respondent's allegation was based solely upon the validity of Complainant's initial registration with the United States Patent and Trademark Office. Neither has Respondent offered any evidence, nor is Examiner aware of any evidence, that Complaint is an abuse of the proceedings or that the Complaint 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. mathematica.ovh

 


Carol Stoner Esq.
Examiner
Dated: September 24, 2015

 

 

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