URS DEFAULT DETERMINATION
Deutsche Lufthansa AG v. Mobylon
Claim Number: FA1805001788622
DOMAIN NAME
<lufthansa.app>
PARTIES
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany | |
Complainant Representative: Rauschhofer Rechtsanwaelte of Wiesbaden, Germany
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Respondent: Sam Ouariach / Mobylon of Offenbach, Hessen, II, DE | |
REGISTRIES and REGISTRARS
Registries: Charleston Road Registry Inc. | |
Registrars: Name.com, Inc. |
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. | |
Vali Sakellarides, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: May 25, 2018 | |
Commencement: May 25, 2018 | |
Default Date: June 11, 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: Complainant is the trademark owner of LUFTHANSA which is a famous and wellknown trademark all over the world. The Respondent’s domain name Lufthansa.app is identical to the trademark LUFTHANSA. Complainant states that LUFTHANSA is famous and well-known trademarks operating worldwide, being impossible to say that one does not know it (see LUFTHANSA.koeln,NAF16155255; STARALLIANCE.tokyo,FA1408001574053, LUFTHANSA.yokohama,NAF1580504; LUFTHANSAv.Guliev,FA1559476; LUFTHANSAv.Niklaes,FA1562639; LUFTHANSAv.MBI,FA1566236; LUFTHANSAv.Gandiyork,FA1549328). The Complainant submitted a copy of its EUTM 001212539 LUFTHANSA and a screenshot of its website. The Complainant also submitted a schreen shot of the Respondent's website lufthansa.app which leads nowhere. |
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: Determined: Finding for Complainant [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant 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:
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:
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Vali Sakellarides Examiner
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