Bloomberg Finance L.P. v. WhoisGuard, Inc.
Claim Number: FA1806001792871
Complainant: Bloomberg Finance L.P. of New York, New York, United States of America.
Complainant Representative:
Respondent: WhoisGuard, Inc. of Panama, International, PA.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Elite Registry Limited
Registrars: NameCheap, Inc.
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: June 21, 2018
Commencement: June 26, 2018
Default Date: July 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant has legal rights on the trademark and service mark BLOOMBERG, U.S. Reg. No. 3,430,969 and related family of marks including U.S. Reg. Nos. 2,736,744, 4,674,394, and 4,875,272 (“Complainant’s BLOOMBERG Marks”), which are owned by Complainant’s wholly owned subsidiary, Bloomberg Finance One L.P. The domain name <bloomberg24.trade> (“Domain Name”) is confusingly similar to Complainant’s BLOOMBERG marks. The Domain Name fully incorporates the BLOOMBERG mark and merely adds the number “24” along with the extension “.trade”; neither the term “24” nor the term “trade” bear any distinctive power sufficient to distinguish the domain name under review from Complainant’s earlier trademarks. Complainant has never licensed or consented to the use by the Respondent of the domain name under dispute.
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.
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 2.6.3] such as: By using the domain name Registrant
has intentionally attempted to attract for commercial gain, Internet users
to Registrant’s web site or other online 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.
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.
<bloomberg24.trade>
Eleni Lappa, Examiner
Dated: July 11, 2018
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