URS DEFAULT DETERMINATION

Deutsche Lufthansa AG v. 罗明香
Claim Number: FA1709001750675

DOMAIN NAME

<lufthansa.vip>

PARTIES

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

	Respondent: 罗明香罗明香罗明香 of 成都市, II, CN

REGISTRIES and REGISTRARS

	Registries: Minds + Machines Group Limited
	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.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: September 28, 2017
	Commencement: September 29, 2017
	Default Date: October 16, 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

	Procedural Findings:
		Multiple Complainants: N/A
		Multiple Respondents: N/A

Findings of Fact: Complainant is the owner of the mark LUFTHANSA. The Respondent’s domain name lufthansa.vip is identical and confusingly similar to the trademark LUFTHANSA. LUFTHANSA is a well-known trademark operating worldwide. The Respondent has no permission, no rights or legitimate interests in respect of the domain name. He has no right of use as a domain name. The Respondent has no identical trademark nor offers related services. The Respondent’s domain name has been registered and is used in bad faith. LUFTHANSA is a non-generic name. The consensus view of panels is that the domain name needs to be genuinely used and not trade off third-party rights. The Respondent clearly registered the Domain to catch the attention of users researching LUFTHANSA.

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.

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;

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

Determined: Finding for Complainant

The Respondent has no permission, no rights or legitimate interests in respect of the domain name. He has no right to use Complainant's mark as a domain name. The Respondent has no identical trademark nor offers any similar or related services.

[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 domain name was registered and is being used in bad faith. The Respondent’s Email is linked to 235 different domains, indicating profit orientation. Respondent has intentionally attempted to attract for commercial gain Internet users to its website for the purpose of selling domains. 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.

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.

Complainant's assertions were uncontested and no abuse or claims of material falsehood were made. Respondent failed to answer or otherwise participate in the proceedings.

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:

lufthansa.vip

Darryl C. Wilson
Examiner
Dated: October 18, 2017

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