URS DEFAULT DETERMINATION


JCDECAUX SA v. Song Guang Yu et al.
Claim Number: FA1712001763667


DOMAIN NAME

<jcdecaux.ink>
 <jcdecaux.link>
 <jcdecaux.site>
 <jcdecaux.tech>
 <jcdecaux.work>
 <jcdecaux.在线>
 <德高.top>


PARTIES


   Complainant: JCDECAUX SA of Plaisir, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: Song Guang Yu Song Guang Yu of Bei Jing Shi, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Top Level Design, LLC,Uniregistry, Corp.,DotSite Inc.,Personals TLD Inc.,Minds + Machines Group Limited,TLD REGISTRY LIMITED,.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.
   Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: December 20, 2017
   Commencement: December 20, 2017
   Default Date: January 8, 2018
   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:
  (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.


Complainant relies upon its international registration No. 803987 for the word mark JCDecaux, with a registration date of November 27, 2011 (the "Trade Mark"). The domain names jcdecaux.ink; jcdecaux.link; jcdecaux.site; jcdecaux.tech; jcdecaux.work and jcdecaux.在线 are all identical to the Trade Mark. Regrettably, the Complainant has not submitted proof of use of its Chinese language word mark 德高, registered in China under registration No. 4237801 and with a registration date of February 21, 2009. The Complainant has submitted proof of use of its (English language) Trade Mark only. The Examiner is therefore unable to make a determination in respect of the domain name 德高.top.


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


Respondent has failed to demonstrate any rights or legitimate interests in each of the domain names jcdecaux.ink; jcdecaux.link; jcdecaux.site; jcdecaux.tech; jcdecaux.work and jcdecaux.在线. None of these domain names has been used. The Examiner is unable to make a determination in respect of the domain name 德高.top, as proof of use has not been filed by Complainant.


[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.


Each of the domain names jcdecaux.ink; jcdecaux.link; jcdecaux.site; jcdecaux.tech; jcdecaux.work and jcdecaux.在线 is identical to Complainant's Trade Mark. Each of these domain names has not been used. In all the circumstances the Examiner finds it is inconceivable Respondent was not aware of Complainant and of Complainant's Trade Mark rights when Respondent registered the above listed domain names. The Examiner is unable to make a determination in respect of the domain name 德高.top, as proof of use has not been filed by Complainant. The Examiner therefore dismisses the application with respect to the domain name 德高.top, without making any findings, and without prejudice to Complainant's right to re-file a URS or UDRP proceeding with the requisite proof of use.


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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. jcdecaux.ink
  2. jcdecaux.link
  3. jcdecaux.site
  4. jcdecaux.tech
  5. jcdecaux.work
  6. jcdecaux.在线


After reviewing the parties’ submissions, the Examiner determines that the following domain names should be dismissed without any findings; the Examiner hereby Orders the following domain name(s) be returned to the control of the Respondent.

  1. 德高.top

 

Mr. Sebastian Matthew White Hughes
Examiner
Dated: January 10, 2018

 

 

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