URS DEFAULT DETERMINATION
Kabushiki Kaisha Toshiba d/b/a Toshiba Corporation v. Guo MengNi
Claim Number: FA1902001831642
DOMAIN NAME
<toshiba-golbal.top>
PARTIES
Complainant: Kabushiki Kaisha Toshiba d/b/a Toshiba Corporation of Tokyo, Japan | |
Complainant Representative: Kelly IP, LLP
David M. Kelly of Washington, DC, United States of America
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Respondent: Guo MengNi MengNi Guo of YuanJiangShi, HuNan, II, CN | |
REGISTRIES and REGISTRARS
Registries: .TOP Registry | |
Registrars: shanghai meicheng technology information development co ltd |
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. | |
Honorable Charles K. McCotter Jr., (Ret.), as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: February 27, 2019 | |
Commencement: February 28, 2019 | |
Default Date: March 15, 2019 | |
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 a Fortune Global 500 company, offers products and services in the fields of power systems, infrastructure, electronic, and computing, among others. |
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 Respondent's domain name toshiba-golbal.top contains Complainant's TOSHIBA mark in its entirety and the generic/descriptive term global misspelled as golbal. The domain name is confusingly similar to the TOSHIBA mark for which Complainant has a valid national registration that is in current use. [URS 1.2.6.1(i)]. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent registered the domain name in November 2018 without Toshiba's authorization. Respondent impersonates Toshiba and attempts to pass itself off as Toshiba by using the domain name for a website that is a mirror copy of Toshiba's TOSHIBA.CO.JP website. In addition to violating Toshiba's trademark rights via the domain name, Respondent also copied Toshiba's copyright protected website content. [URS 1.2.6.2].
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent has registered the domain name to prevent Complainant from reflecting the mark in a corresponding domain name. Respondent has engaged in a pattern of such conduct having been subject to a prior adverse UDRP decision involving the registration of multiple domain names. [URS 1.2.6.3 b]. Respondent's registration and use of the confusingly similar domain name to impersonate Toshiba and trade on Toshiba's goodwill benefits Respondent to the detriment of Toshiba disrupts Complainant's business [URS 1.2.6.3 c] and creates a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web sit or location of a product or service on that web site [URS 1.2.6.3 d].. 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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Honorable Charles K. McCotter Jr., (Ret.) Examiner
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