URS DEFAULT DETERMINATION

Bloomberg Finance L.P. v. Jia Shu Ning
Claim Number: FA1710001751857

DOMAIN NAME

<bloomberg.pub>

PARTIES

	Complainant: Bloomberg Finance L.P. Amin Kassam of New York, NY, United States of America

	Respondent: Jia Shu Ning Jia Shu Ning of Chang Chun Shi, Ji Lin, II, CN

REGISTRIES and REGISTRARS

	Registries: United TLD Holdco Ltd.
	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: October 3, 2017
	Commencement: October 3, 2017
	Default Date: October 18, 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’s Marks are strong and have gained secondary meaning through their continuous use in connection with Complainant’s electronic trading, financial news, and information businesses. On its face the Domain Name is confusingly similar to the BLOOMBERG mark. The Domain Name fully incorporates the BLOOMBERG mark and merely adds the undistinguished gtld ".pub" in an effort to take advantage of Complainant's goodwill.

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

The Complainant is the owner of the registered mark BLOOMBERG. 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

Complainant has not licensed or otherwise permitted Respondent to use Complainant’s BLOOMBERG mark or to apply for or use any domain name incorporating the BLOOMBERG mark. There is no evidence to suggest that the Respondent listed on the WHOIS record is commonly known by the name “Bloomberg.” Moreover, since Respondent’s current and apparently only use of the Domain Name points to a functioning website, Respondent cannot claim a right or legitimate interest in the domain based on its use of the Domain Name or a corresponding name in connection with a bona fide offer of goods or 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

Respondent’s current and apparently only use of the Domain Name points to a nonfunctioning website. 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.

Respondent failed to respond thus no assertions of abuse or material falsehoods were claimed.

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:

bloomberg.pub

Darryl C. Wilson
Examiner
Dated: October 24, 2017

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