URS FINAL DETERMINATION


Bloomberg Finance L.P. v. zhang guo jie et al.
Claim Number: FA1906001846789


DOMAIN NAME

<bloomberg.site>


PARTIES


   Complainant: Bloomberg Finance L.P. Brendan T. Kehoe of New York, NY, United States of America
  

   Respondent: Zhang Guo Jie Guo Jie Zhang of Pu Tian Shi, Fu Jian, II, China
  

REGISTRIES and REGISTRARS


   Registries: DotSite Inc.
   Registrars: CHENGDU WEST DIMENSION DIGITAL TECHNOLOGY 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.
   Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: June 7, 2019
   Commencement: June 10, 2019
   Default Date: June 25, 2019
   Response Date: June 27, 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: [OptionalComment]

  

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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 


The registered domain name is identical to Complainant's well-known trademark BLOOMBERG (the "Trademark"), disregarding the gTLD .site. Complainant relies on U.S. Reg. Nos. 3,4309,69; 2,736,744; 4,674,394 and 4,875,272 for the Trademark.


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

Determined: Finding for Complainant 


The registered domain name is resolved to the English language website operated by a Chinese domain name registrar. Respondent claims to have registered the domain name to set up a personal blog website, but claims the website is still under construction. Respondent has placed no evidence before the Panel to demonstrate rights or legitimate interests or indeed to substantiate Respondent's assertions as to Respondent's putative planned use of the registered domain name.


[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 Panel does not find Respondent's unsubstantiated denial of bad faith convincing. In light of the repute of the Trademark and the fact the registered domain name is identical to the Trademark, in all the circumstances, the Panel concludes Respondent must have been aware of Complainant and of its rights in the Trademark at the time of registration of the domain name.


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.

Respondent has alleged 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. 

There is simply no basis to support Respondent's request for a finding that the proceeding was abusive.


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. bloomberg.site

 


Mr. Sebastian Matthew White Hughes
Examiner
Dated: July 4, 2019

 

 

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