URS DEFAULT DETERMINATION


Virgin Enterprises Limited v. Pan Jing
Claim Number: FA1707001741569


DOMAIN NAME

<virginmedia.site>
 <virginmedia.top>


PARTIES


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

   Respondent: Pan Jing Pan Jing of Bei Jing, Bei Jing, II, CN
  

REGISTRIES and REGISTRARS


   Registries: DotSite Inc.,Jiangsu Bangning Science & Technology Co.,Ltd.
   Registrars: EJEE Group Holdings Limited,EJEE GROUP HOLDINGS LIMITED

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.
   Vali Sakellarides, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 26, 2017
   Commencement: July 27, 2017
   Default Date: August 11, 2017
   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: The Complainant owns rights in VIRGIN through trade mark registrations and through having had a validated entry made at the Trade Mark Clearinghouse under SMDs 0000003261412946903992-1 (VIRGIN) and 00000034214981832057757-1 (VIRGIN MEDIA) The Complainant also has a significant reputation and has a vast amount of goodwill in the VIRGIN name globally. The Virgin Group originated in 1970 and has 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. The Virgin Group employ in excess of 40,000 people, generating an annual turnover of 4.6 billion pounds. Virgin Media own and operate their own fibre optic cable network. The company supplies television (Virgin TV), phone and broadband services. Virgin Media has a total of 4.8 million cable customers. Virgin Media also supply phones and has in excess of 3.07 million mobile telephone customers. The Complainant provided details of multiple trademarks VIRGIN and VIRGIN MEDIA filed in different countries worldwide. It also provided screenshot of the contested domain names websites which are not active.

  

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 


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

Determined: Finding for Complainant 


[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 


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. 

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. virginmedia.site
  2. virginmedia.top

 

Vali Sakellarides
Examiner
Dated: August 14, 2017

 

 

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