Celgene Corporation v. JiangYuTao
Claim Number: FA1510001643423
Complainant: Celgene Corporation of Summit, New Jersey, United States of America.
Complainant Representative:
Complainant Representative: Cozen O'Connor of Philadelphia, Pennsylvania, United States of America.
Respondent: JiangYuTao of FoShanShi, GuangDong, International, CN.
Respondent Representative: /
REGISTRIES and REGISTRARS
Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
Registrars: Jiangsu Bangning Science & technology Co. Ltd.
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.
Bart Van Besien, as Examiner.
Complainant submitted: October 22, 2015
Commencement: October 26, 2015
Default Date: November 10, 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.
Findings of fact: Complainant claims to be the owner of various trademarks containing or comprising the word “Celgene”. Complainant has provided evidence of the US trademark “Celgene” (Reg. No. 2,888,517), registered on 28 September 2004 (this US trademark was registered long before the registration of the disputed domain name).
The Respondent did not file a response.
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 is 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
URS 1.2.6.1 (i) covers the domain name at issue in this case. The domain name consists of the Complainant’s trademark paired with the generic toplevel domain “.top”.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Respondent did not file a response and did not provide evidence of legitimate rights or interests in the domain name. There is no evidence of any rights or legitimate interests of the Respondent in the disputed domain name. There is no evidence of any similar or identical trademarks owned by the Respondent. There is no indication of any authorization to use the Complainant’s trademark. There is no indication that the Respondent is otherwise related to the Complainant’s business. There is no evidence of the Respondent being commonly known as “Celgene” prior to the registration of the disputed domain name.
[URS 1.2.6.3] The domain name was 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
URS 1.2.6.3 (d) is applicable here.
There is no evidence of use by Respondent (or demonstrable preparations to use) of the domain name or a name corresponding to it in connection with a bona fide offering of goods. The domain name automatically redirects to another domain name; on the website available via that other domain name, a “focus on the medical field” is mentioned; this is exactly the same field for which the Complainant has registered and uses its trademark (this use creates a likelihood of confusion). There is no evidence that the Respondent is commonly known by the domain name. There is no evidence that the Respondent is making a legitimate or fair use of the domain name. There are no circumstances known to the Examiner that refute the claim of bad faith registration or bad faith use.
The Examiner finds that the Complaint was neither abusive nor contained material falsehoods. The Examiner finds the Complaint well founded. No Response was submitted.
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.
celgene.top
Bart Van Besien, Examiner
Dated: November 14, 2015
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