URS DEFAULT DETERMINATION


Virgin Enterprises Limited v. Alireza Bakhtiari
Claim Number: FA1801001767120


DOMAIN NAME

<virginradio.xyz>
 <virgintv.xyz>


PARTIES


   Complainant: Virgin Enterprises Limited of London, United Kingdom
  
Complainant Representative: Stobbs Julius E Stobbs of Cambridge, United Kingdom

   Respondent: Alireza Bakhtiari of Toronto, ON, CA
  

REGISTRIES and REGISTRARS


   Registries: XYZ.COM LLC
   Registrars: Go Daddy, LLC

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.
   Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: January 16, 2018
   Commencement: January 17, 2018
   Default Date: March 27, 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.

Determined: Finding for Complainant 


The Examiner finds that the Complainant holds valid national or regional trademark registrations and that are in current use. The Examiner finds that each of the Respondent’s domain names <virginradio.xyz> and <virgintv.xyz> is substantially identical and confusingly similar to the Complainant's trademarks VIRGIN and VIRGIN RADIO respectively.


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

Determined: Finding for Complainant 


The Examiner agrees with the Complainant’s contentions that the Respondent has no legitimate right or interest in the disputed domain names because they comprise of the Complainant’s business names and despite having been contacted by the Complainant, the Respondent failed to state any legitimate interest in the domains, and is not using them in connection with any legitimate business.


[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 Examiner finds that the disputed domains were registered in the hope of selling them to the Complainant for valuable consideration in excess of their out of pocket costs directly related to the disputed domains as exemplified by the Registrant’s response to the Complainant’s approach when he stated that he would be willing to transfer the domains for $900. The Examiner agrees that the disputed domain registrations are preventing the Complainant from reflecting its marks in the disputed domain names through the registration of domain names which contain the Complainant’s marks. Bearing in mind the extent and nature of the Complainant’s rights and reputation in the VIRGIN and VIRGIN RADIO marks, the Examiner finds that the disputed domain names were registered to take advantage of the global reputation of the VIRGIN and VIRGIN RADIO marks and businesses of the Complainant. In light of the global reputation of the Complainant’s marks and business, the Examiner infers that the Respondent would have been aware of the Complainant and its marks when he registered the disputed domain names.


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. virginradio.xyz
  2. virgintv.xyz

 

Ho-Hyun Nahm
Examiner
Dated: March 27, 2018

 

 

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