URS FINAL DETERMINATION


Lockheed Martin Corporation v. Ye Zhao Long et al.
Claim Number: FA1803001779872


DOMAIN NAME

<lockheed.group>
 <lockheed.ink>
 <lockheed.store>
 <lockheed.wiki>


PARTIES


   Complainant: Lockheed Martin Corporation of Bethesda, MD, United States of America
  
Complainant Representative: McDermott Will & Emery LLP Sarah E. Bro of Irvine, CA, United States of America

   Respondent: 传媒 叶 昭 é¾™ of 深圳, China
  

REGISTRIES and REGISTRARS


   Registries: Binky Moon, LLC,Top Level Design, LLC,DotStore Inc.
   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: March 30, 2018
   Commencement: April 2, 2018
   Response Date: April 10, 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]

  

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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 


Disregarding the gTLDS (in accordance with normal URS procedure), the registered domain names are identical to Complainant's registration number 2,627,156 in the United States of America for the word mark LOCKHEED, registered since October 1, 2002 (the "Trademark"). Respondent asserts the Trademark consists of two common English words, "LOCK" and "HEED", and that Respondent had never heard of Complainant when Respondent registered the domain names. The Examiner does not consider that "HEED" is a common English word. In any event, Respondent's submissions are not relevant to the first limb under URS 1.2.6.3.


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

Determined: Finding for Complainant 


Respondent has made no use of the domain names and has put forward no evidence to otherwise demonstrate any rights or legitimate interests. Respondent asserts that Respondent found out about Complainant, its business and its rights in the Trademark after receipt of the URS Complaint herein. Respondent asserts that domain name registration is very common, and that registration of domain names is protected by Chinese law. None of these submissions give rise to any rights or legitimate interests for the purposes of URS 1.2.6.2.


[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 


Complainant is a Fortune 100 company and the Trademark is renowned worldwide in the aerospace field. The domain names are each identical to the Trademark. Respondent has made no use of the domain names. In all the circumstances, the Examiner finds that the domain names have been registered and used in bad faith, both under the Examiner's general discretion, and under URS 1.2.6.3.b., as the Respondent has engaged in a pattern of registering 4 domain names comprising the Trademark.


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.

Respondent has alleged 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. 

Respondent has provided no cogent submissions or evidence in support of Respondent's claim in this regard.


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. lockheed.group
  2. lockheed.ink
  3. lockheed.store
  4. lockheed.wiki

 


Mr. Sebastian Matthew White Hughes
Examiner
Dated: April 15, 2018

 

 

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