URS FINAL DETERMINATION


Deutsche Lufthansa AG v. pending update et al.
Claim Number: FA1605001676147


DOMAIN NAME

<lufthansa.vip>


PARTIES


   Complainant: Deutsche Lufthansa AG of Frankfurt, Germany
  
Complainant Representative: Rauschhofer Rechtsanwälte of Wiesbaden, Germany

   Respondent: manager tinggang tian of qingdao, --, China
  

REGISTRIES and REGISTRARS


   Registries: Minds + Machines Group Limited
   Registrars: Chengdu west dimension digital

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.
   Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: May 23, 2016
   Commencement: May 24, 2016
   Response Date: June 4, 2016
   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: [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 


Complainant is the owner of the trade mark LUFTHANSA, a mark which is well-known globally. Complainant relies on its valid CTM registration number 001212539 for the word mark LUFTHANSA, with a filing date of June 11, 1999. The registered domain name is identical to Complainant's mark.


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

Determined: Finding for Complainant 


Respondent has failed to adduce any evidence to demonstrate any legitimate rights or interests in respect of the domain name. Respondent asserts that the domain name was legally registered after the sunrise period for .vip domain names had expired, and that any person is free to register such a combination of letters as a domain name. None of these assertions supports a finding of legitimate rights or interests in the 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 


Complainant's LUFTHANSA trade mark is well-known mark globally. The .vip gLTD (meaning "Very Important Person") is a suffix that the Complainant, an airline operating globally under its LUFTHANSA trade mark, would naturally want to use in respect of its various services relating to VIP and executive jets. Respondent must have known of Complainant and of its rights in the LUFTHANSA trade mark when Respondent registered the domain name. It has been passively used by Respondent, or otherwise in respect of a landing page with sponsored links. Any such use, in all the circumstances, clearly amounts to bad faith registration and use.


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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

Respondent makes a bare assertion wholly unsupported by evidence that the Complaint was abusive. Such assertion is groundless.


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. lufthansa.vip

 


Mr. Sebastian Matthew White Hughes
Examiner
Dated: June 8, 2016

 

 

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