URS DEFAULT DETERMINATION


OANDA Corporation v. REDACTED FOR PRIVACY
Claim Number: FA2104001941041


DOMAIN NAME

<oanda22.vip>


PARTIES


   Complainant: OANDA Corporation of New York, NY, United States of America
  
Complainant Representative: Donahue Fitzgerald Barbara L Friedman of Oakland, United States of America

   Respondent: Hua Chen of Fu Zhou, Anhui, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Minds + Machines Group Limited
   Registrars: Go Montenegro Domains, LLC

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: April 9, 2021
   Commencement: April 12, 2021
   Default Date: April 27, 2021
   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 OANDA.


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

Determined: Finding for Complainant 


Complainant contends that Respondent uses the domain name to direct consumers to a website where Respondent uses the OANDA mark and OANDA’s famous logo to impersonate OANDA and defraud visitors. Misled consumers looking for OANDA and tricked into visiting this website are required to submit personal information to create purportedly commercial accounts. OANDA has not authorized Respondent to: (a) use the OANDA mark in any manner; (b) advertise or distribute any of the OANDA services; or (c) assert that Respondent is, or has any relationship with, OANDA. Instead, Respondent has attempted to usurp OANDA's goodwill in its OANDA mark and fraudulently impersonate OANDA via a phishing website in a blatant attempt to confuse and deceive internet users into providing personal and financial information to Respondent. 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 OANDA mark is world-renowned and OANDA’s rights therein were established long prior to Respondent’s registration of the disputed domain name. The mark has no meaning except as OANDA's name and as a source indicator of OANDA’s services. At the time Respondent registered the domain name, it is inconceivable that Respondent was not aware of the OANDA trademark given its efforts to illegally trade off it through this registration, its prominent display of the OANDA mark, and OANDA’s logo. The clear goal of the site is to confuse potential OANDA customers by fraudulently impersonating OANDA via a phishing website created to steal personal and financial information from unsuspecting consumers. As further evidence of bad faith, Complainant notes this website is identical to the oanda.vip and oandavip.vip websites for which Complainant filed successful URS complaints earlier this year. Examiner agrees with Complainant 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. oanda22.vip

 

Ho-Hyun Nahm
Examiner
Dated: April 28, 2021

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page