First Horizon National Corporation v.
Claim Number: FA1805001789377
Complainant: First Horizon National Corporation of Memphis, Tennessee, United States of America.
Complainant Representative:
Complainant Representative: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC of Memphis, Tennessee, United States of America.
Respondent: of Guangdong, International, CN.
REGISTRIES and REGISTRARS
Registries: Charleston Road Registry Inc.
Registrars: GoDaddy.com, LLC
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.
Eleni Lappa, as Examiner.
Complainant submitted: May 30, 2018
Commencement: May 31, 2018
Default Date: July 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 owns the trademark registration at the USPTO FIRST TENNESSEE No. 2,348,125 and the domain name firsttennessee.com.
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.
The complainant must prove the following 3 elements exclusively:
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS/.usRS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use
2.
Registrant has no legitimate right or interest to the domain name [URS/.usRS
1.2.6.2]
3. [if URS] The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as:
[if .usRS] The domain name(s) was/were registered or are being used in bad faith [.usRS 1.2.6.3] such as: 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
The Panel finds that there js clear and convincing evidence to the effect that all 3 elements listed above are satisfied in the present case.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
Firsttennessee.app
Eleni Lappa, Examiner
Dated: July 05, 2018
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