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

   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:
  (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'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.
  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 


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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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. toshiba-golbal.top

 

Honorable Charles K. McCotter Jr., (Ret.)
Examiner
Dated: March 15, 2019

 

 

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