URS DEFAULT DETERMINATION

Virgin Enterprises Limited v. DotMedia Limited
Claim Number: FA1511001649587

DOMAIN NAME

<virginmedia.club>

PARTIES

	Complainant: Virgin Enterprises Limited of London, United Kingdom
	Complainant Representative: Stobbs Julius E Stobbs of Cambridge, United Kingdom

	Respondent: DotMedia Limited Limited DotMedia of Hong Kong, Hong Kong, II, HK

REGISTRIES and REGISTRARS

	Registries: .CLUB DOMAINS, LLC
	Registrars: HyperStreet.com, Inc.

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.
	Ms. Natalia Stetsenko, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: November 24, 2015
	Commencement: November 25, 2015
	Default Date: December 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").

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: Complainant owns rights in the VIRGIN and VIRGIN MEDIA trademarks, based on a number of UK and CTM trade mark registrations, the status and confirmation of use in which are supported by relevant entries with the Clearinghouse, copies of which are attached to the complaint.

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

The disputed domain name incorporates the VIRGIN MEDIA trade mark in it's entirety, adding only the suffix "club", which, being a top-level domain, is not relevant for the assessment whether the disputed domain name is identical and/or confusingly similar to the registered trademark in question. The Examiner thus finds that the disputed domain name is identical to the Complainant’s “Virgin Media” trade mark.

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

Determined: Finding for Complainant

The domain name resolves to a website which displays the words “virginmedia.club” next to some Japanese text. The domain is not being put to any legitimate use. Respondent also failed to explain a legitimate interest in the domain name. Thus, the case records show that Respondent lacks rights and legitimate interests in the disputed domain name.

[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

The Virgin Group originated in 1970 and has since expanded into a wide variety of businesses. As a result, the Virgin Group now comprises over 200 companies worldwide operating in 32 countries including throughout Europe and the USA. Given the longstanding use of Complainant's marks and the reputation gained through extensive use, the Examiner finds that the disputed domain name was registered in an effort to trade off of the goodwill and renown of Complainant's marks. Previous Panels have found bad faith in circumstances where it is unlikely that the registrant would have selected the domain name without knowing about the fame and reputation of the well-known trademark corresponding to the domain name in question. Registrant’s passive use of the domain name and the failure to respond to Complainant’s requests to resolve the matter serve yet another evidence of bad faith.

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:

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:

virginmedia.club

Ms. Natalia Stetsenko
Examiner
Dated: December 15, 2015

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