Bloomberg Finance L.P. v. Yang Ji Feng
Claim Number: FA1712001763851
Complainant: Bloomberg Finance L.P. of New York, New York, United States of America.
Complainant Representative:
Respondent: Yang Ji Feng of An Qing Shi, International, CN.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: United TLD Holdco Ltd.
Registrars: Chengdu West Dimension Digital Technology Co., Ltd.
The undersigned certifies that he 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.
James Bridgeman, as Examiner.
Complainant submitted: December 20, 2017
Commencement: December 21, 2017
Default Date: January 5, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is the registered owner of US registered trademark BLOOMBERG, registration number 3.430,969 registered on May 20, 2008 for goods and services in international classes 9, 16, 35, 36, 38 and 41. The disputed domain name is identical to Complainant’s BLOOMBERG mark because it fully incorporates the BLOOMBERG mark and adds the extension “.sale” Therefore the registered domain name is identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use [URS 1.2.6.1]:
Complainant avers that it 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.” Respondent’s current and apparently only use of the disputed domain name is to arrange and permit for it to resolve to a website with links to third-party advertising sites, Respondent cannot claim a right or legitimate interest in the domain based on such use.
Complainant also avers that Respondent has no legitimate interest in and no valid basis to claim non-commercial fair use of Complainant’s BLOOMBERG mark.
Therefore Respondent has no legitimate right or interest to the domain name [URS 1.2.6.2]
Complainant has a strong reputation and a high-profile presence in the financial and media sectors, and is the subject of substantial consumer recognition and goodwill. Complainant registered the <bloomberg.com> domain name in September1993 and has used this domain continuously since then. These facts lead to the conclusion that Respondent was aware of Complainant’s mark before registering the disputed domain name. Respondent is using the disputed domain name to link to third party websites without the consent of Complainant who is the owner of the Bloomberg mark and is thereby using Complainant’s mark to attract and divert Internet traffic intended for Complainant.
Therefore the disputed domain name was registered and is being used in bad faith [URS 1.2.6.3]
After reviewing the Complainant’s submissions, the Examiner determines that 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.
bloomberg.sale
James Bridgeman, Examiner
Dated: January 08, 2018
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