URS DEFAULT DETERMINATION


What3words Ltd v.
Claim Number: FA2002001883440


DOMAIN NAME

<what3words.site>


PARTIES


   Complainant: What3words Ltd of Londno, United Kingdom
  
Complainant Representative: Aaron B Newell of London, United Kingdom

   Respondent: cheng ming of ??, II, CN
  

REGISTRIES and REGISTRARS


   Registries: DotSite Inc.
   Registrars: Gandi SAS

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.
   Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: February 16, 2020
   Commencement: February 18, 2020
   Default Date: March 4, 2020
   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]

  

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 


Examiner finds that Complainant holds a valid national or regional trademark registration and that is in current use. Examiner finds that the disputed domain name is confusingly similar to Complainant's trademark WHAT3WORDS UK Reg. No 2656721 registered on July 5, 2013.


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

Determined: Finding for Complainant 


Complainant contends that Respondent is not licensed nor authorized to use WHAT3WORDS or similar names, as Complainant has not authorized any third party to do so in the disputed domain name; and Respondent uses the disputed domain name to load a website that appears to pose a security risk, as a trusted security program (McAfee) identifies that the website is �malicious� and is classed as �very risky� and �suspicious� because it may �deploy code designed specifically to hijack your computer�s settings or activity�[including by] self­installing applications�and viruses that exploit security vulnerabilities��. Examiner finds that such a use cannot be considered a legitimate noncommercial or fair use of the disputed domain name and does not constitute a bona fide offering of goods. Examiner also finds that there is no record showing that Respondent is commonly known by the disputed domain name. Therefore, Examiner concludes in the absence of Response that Respondent has no rights or legitimate interests in respect of the disputed 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 


Complainant contends that the disputed domain name's resolving website does not contain information to dispel a connection with Complainant but, rather, creates an impression that the website that loads is proprietary to Complainant by using a copyright notice that says that the site is copyright 2019 what3words Ltd. (the Complainant�s corporate name); causes or threatens to cause damage to Complainant by misleading Complainant�s customers, clients or website visitors, by threatening to use malicious software to cause injury, damage and/or privacy risks to website visitors for personal gain, by impersonating Complainant and giving the impression that the content of the website and/or any e- mails sent from the disputed domain name or received at the disputed domain name will be correspondence with Complainant; and thus the disputed domain name is used by Respondent to disrupt Complainant�s business and to attract or confuse Internet users for commercial gain. Examiner finds that Respondent's use of the disputed domain name constitutes bad faith registration and use of the disputed 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.

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. what3words.site

 

Ho-Hyun Nahm
Examiner
Dated: March 5, 2020

 

 

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