Virgin Enterprises Limited v. Marcin kot
Claim Number: FA1711001760192
Complainant: Virgin Enterprises Limited of London, United Kingdom.
Complainant Representative:
Complainant Representative: Stobbs of Cambridge, United Kingdom.
Respondent: Marcin kot of Roubaix Cedex 1, International, FR.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Spring Madison, LLC
Registrars: OVH sas
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.
Piotr Nowaczyk, as Examiner.
Complainant submitted: November 29, 2017
Commencement: November 30, 2017
Default Date: December 15, 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 name be suspended for the life of the registration.
Clear and convincing evidence.
PROCEDURAL FINDINGS:
No multiple complainants or respondents and no extraneous domain names require dismissal.
FINDINGS OF FACTS:
The Complainant is a company incorporated in London, UK. The Complainant is the owner of many trademark registrations for the VIRGIN and VIRGIN MEDIA marks, including the EU trademark registration No. 14032163 for the VIRGIN MEDIA mark filed on May 6th, 2015 and registered on December 3rd, 2015. The Complainant has also validated entry at the Trade Mark Clearinghouse, under SDM 0000003261412946903992-1 for VIRGIN and SDM 0000003421498183205757-1 for VIRGIN MEDIA -1 and 0000003421444218179717-1 for VIRGIN MEDIA.
Currently, the website in relation with the Domain Name does not display any active website.
The Complainant contends that <virginmedia.email> is identical to the VIRGIN MEDIA mark, and was registered and is being used in bad faith by the Respondent who has no rights or legitimate interests in the Domain Name. The Complainant also asserts that several attempts have been made to contact the Respondent in an attempt to reach an amicable solution. All of the them turned out to be fruitless.
The Respondent did not present any contentions regarding the merits of the case.
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.
IDENTICAL OR CONFUSINGLY SIMILAR
The Domain Name is identical to the Complainant's VIRGIN MEDIA mark since it incorporates the word mark in its entirety.
It is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, thus the “.email” is of no consequence here (Facebook Inc. v. Radoslav, Claim Number: FA1308001515825).
The Examiner finds that the Complainant met the standard set out in 1.2.6.1. of URS Procedure.
NO RIGHTS OR LEGITIMATE INTERESTS
According to the Complainant’s, the Complainant has neither licensed nor authorized Respondent to use the VIRGIN MEDIA mark or register a domain name containing this mark.
In the absence of any counter arguments and evidences in support of the Respondent’s rights and legitimate interest, the Examiner finds that the second element under URS Procedure 1.2.6.2 has been satisfied.
BAD FAITH REGISTRATION AND USE
Registering a domain name corresponding to a famous and reputable trademark, and subsequent passive holding of such a domain, thus preventing the trademark holder from registering such a domain, is viewed by the Examiner as bad faith.
The Respondent has not submitted any evidences confirming circumstances listed in URS Procedure 5.7. In the absence of any defense which might have affected the decision on this issue, it is found that the third element of the policy under URS Procedure 1.2.6.3 has been satisfied.
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.
Piotr Nowaczyk, Examiner
Dated: December 15, 2017
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