Virgin Enterprises Limited v. MOUNTAIN LTD
Claim Number: FA1709001747403
Complainant: Virgin Enterprises Limited of London, United Kingdom.
Complainant Representative: Julius E. Stobbs
Complainant Representative: Stobbs of Cambridge, United Kingdom.
Respondent: MOUNTAIN OF GOOD LUCK AND SUCCESS LTD MOUNTAIN OF GOOD LUCK AND SUCCESS LTD of kriat ata, International, IL.
REGISTRIES and REGISTRARS
Registries: Uniregistry, Corp.
Registrars: eNom, LLC
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.
Omar Haydar, as Examiner.
Complainant submitted: September 4, 2017
Commencement: September 5, 2017
Default Date: September 25, 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") .
Complainant requests that the domain names be suspended for the life of the registration.
Clear and convincing evidence.
The complaint and findings relate to two domains <virginmegastore.blackfriday> and <virgin-megastore.blackfriday>. There is one Complainant and one (or more) Respondents, and no domain names were dismissed from this complaint.
The Respondent has registered the domain names <virginmegastore.blackfriday> and <virgin-megastore.blackfriday>.
Complainant, Virgin Enterprises Limited, is the owner of trademarks Virgin and Virgin Megastore, which it has registered in various jurisdictions since 1999. The Complainant has operated as the Virgin brand since 1970.
Complainant has claimed that the domain names in question are identical to their protected word or mark.
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:
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use.
2. Respondent has no legitimate right or interest to the domain name.
3. The domain name(s) was/were registered and are being used in bad faith.
The Examiner finds that Complainant has proven that the domain names are identical through evidence of the trademark registration. The Complainant’s trademark is a well established mark, in use for almost twenty years with international use and recognition as a retailer.
The Examiner further finds that Complainant has proven that Respondent has no legitimate right or interest to the domain names. The Complainant has neither licensed the trademark to the Respondent for use, nor has the Respondent made any claim to a legitimate right or interest to the name, whether by responding to this Complaint or vis-a-vis the content of their websites.
The Examiner finds that the evidence proves the domain names were registered and are being used in bad faith. The Examiner finds that Complainant’s assertion that the Respondent demanded a sum in excess of the out of pocket expenses to sell the domains to the Complainant stands as sufficient evidence of bad faith. Additionally, the domains give an automatic inference of affiliation to the entity holding the trademark, and would cause confusion amongst internet users into an assumption of an affiliation or relationship. (See Treeforms.com FA0010000095856)
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.
<virginmegastore.blackfriday>
<virgin-megastore.blackfriday>
Omar Haydar, Examiner
Dated: September 25, 2017
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