URS DEFAULT DETERMINATION


Deutsche Lufthansa AG v. REDACTED PRIVACY et al.
Claim Number: FA1807001799252


DOMAIN NAME

<staralliance.golf>


PARTIES


   Complainant: Deutsche Lufthansa AG of Frankfurt, Germany
  
Complainant Representative: Rauschhofer Rechtsanwälte of Wiesbaden, Germany

   Respondent: REDACTED FOR PRIVACY of REDACTED FOR PRIVACY, II, AU
  

REGISTRIES and REGISTRARS


   Registries: Binky Moon, LLC
   Registrars: Uniregistrar Corp

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.
   Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 31, 2018
   Commencement: August 1, 2018
   Default Date: August 16, 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


   Procedural Findings:  
      Multiple Complainants: N.A.
      Multiple Respondents: N.A.

   Findings of Fact: The Complainant LUFTHANSA is owner of the intensively used wordmark STARALLIANCE. The Respondent’s domain, staralliance.golf is identical to Complainant's trademark STARALLIANCE. “StarAlliance”, headquartered in Frankfurt/Germany, is the world’s first and largest airline alliance worldwide. STARALLIANCE network offers more than 18,400 daily flights to 1,300 airports in 191 countries. Founded in 1997, Complainant is one of the five founding airlines. StarAlliance has frequently been the subject of fraud by people pretending to be LUFTHANSA/StarAlliance officials sending fake offers, tickets, bills, advertising and goods etc.

  

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 


Respondent uses Complainant's identical trademark in it's domain name with the only difference being the addition of the gTld .golf. Prior decisions have found against Respondents similarly misusing Complainant's mark to suggest affiliation or sponsorship by Complainant. See; STARALLIANCE.app,NAF1805001788624; STARALLIANCE.gold -.life -.site -.website, NAF1704001728200; STARALLIANCE.link, NAF1704001728149; STARALLIANCE.tokyo, FA1408001574053. See URS 1.2.6.1 (i), (ii). Complainant has met its burden by clear and convincing evidence regarding this element.


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

Determined: Finding for Complainant 


The Complainant has not given Respondent any permission to use the disputed domain name and Respondent has not indicated any manner in which it has obtained any rights or legitimate interests in respect of the domain name. The Respondent has no identical trademark nor offers any services related to the domain name or Complainant's mark. The Respondent’s email is associated with 14,562 other domains indicating professional domain grabbing. Respondent did not assert any defenses nor does the panel find any are applicable. Complainant has met its burden by clear and convincing evidence regarding this element.


[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 Respondent registered the domain name, appropriating the Complainant’s trademark, in order to suggest to the Internet user a connection between the Respondent's identified products or services and Complainant, in violation of URS 1.2.6.3 (d). Complainant, StarAlliance offers a great variety of goods and services. Respondent's use is misleading and supports finding of bad faith registration. Complainant has met its burden by clear and convincing evidence regarding this element.


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. 

Respondent did not contest the proceedings or any of the assertions or evidence Complainant set forth.


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. staralliance.golf

 

Darryl C. Wilson
Examiner
Dated: August 19, 2018

 

 

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