URS DEFAULT DETERMINATION
Wolford AG v. Li Wei Wei
Claim Number: FA1709001750634
DOMAIN NAME
<wolford-outlet.top>
PARTIES
Complainant: Wolford AG of Bregenz, Austria | |
Complainant Representative: BARDEHLE PAGENBERG
Pascal Boehner of München, Germany
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Respondent: Li Wei Wei Li Wei Wei of Hangzhou, Zhejiang, II, CN | |
REGISTRIES and REGISTRARS
Registries: .TOP Registry | |
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) |
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. | |
Ho-Hyun Nahm, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: September 25, 2017 | |
Commencement: September 26, 2017 | |
Default Date: October 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: [OptionalComment] |
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: Determined: Finding for Complainant The Examiner finds that the Complainant holds valid national or regional registrations for the mark WOLFORD and that are in current use such as US trademark 2134200; EU trademark 008890221; EU trademark (word) 005762067; International Registration 563992, etc. The Examiner determines that the disputed domain name is confusingly similar to the Complainant’s mark. This is because it incorporates the mark entirely, but merely adds a descriptive term (“outlet”). [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Examiner finds that the Defendant has no rights or legitimate interest to use the mark, and is not authorized to do so by the Complainant pretending to be an 'official' Wolford store.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The Examiner agrees with Complainant and finds that by using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online 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. The Defendant has copied (copyright protected) original pictures of the Complainant for its website. 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:
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:
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Ho-Hyun Nahm Examiner
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