URS DEFAULT DETERMINATION
The Timken Company v. REDACTED FOR PRIVACY
Claim Number: FA2106001952478
DOMAIN NAME
<timken.vip>
PARTIES
Complainant: The Timken Company of North Canton, OH, United States of America | |
Respondent: Yong Wang of II, USA | |
REGISTRIES and REGISTRARS
Registries: Minds + Machines Group Limited | |
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) |
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. | |
Ms. Kateryna Oliinyk, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: June 24, 2021 | |
Commencement: June 28, 2021 | |
Default Date: July 13, 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: Determined: Finding for Complainant The Complainant provided documentary evidence that it is inter alia registered owner of the US trademark registrations 517,520, 527,512, 536,733, 127,5768, 263,8150, 275,8212, of a TIMKEN series (almost all of them are word marks), as well as documents to show that the trademark is in current use. The disputed domain name fully incorporates the Complainant’s TIMKEN trademark. The applicable Top Level Domain (“TLDâ€) in a domain name (e.g., “.comâ€, “.clubâ€, “.nycâ€) is viewed as a standard registration requirement and as such is disregarded under the first element confusing similarity test. The disputed domain name <timken.vip> is identical to the Complainant’s TIMKEN Trademarks. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Examiner determines that the Respondent is not commonly known by the TIMKEN name and that the Respondent has no connection or affiliation with the Complainant and has not received any license or consent, express or implied, to use Complainant’s TIMKEN Trademarks in a domain name or otherwise. The <timken.vip> domain name is used for commercial website which is designed to scam the Complainant’s customers: website contains the TIMKEN trademark at the top of each page in the same location the TIMKEN trademark is displayed on Complainant’s own website, the "About Us" section of the <timken.vip> home page falsely claims to be The Timken Company, misleading customers into visiting the site and contacting Respondent to purchase Respondent's bearings and other products, which compete with Complainant's products. Thus, Examiner finds that the Respondent lacks rights or legitimate interests in the domain name <timken.vip>. Therefore, the Examiner finds that the Complaint meets URS requirement of 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 Due to the facts that the TIMKEN Trademarks are highly distinctive and that the Respondent’s website available at the disputed domain name features the Complainant’s logo and information about the Complainant, the Examiner accepts that the Respondent was aware of the Complainant’s TIMKEN Trademarks at the time of the registration of the disputed domain name and therefore registered the disputed domain name in bad faith. As to bad faith use, by fully incorporating the TIMKEN trademark into the disputed domain name and by using the website at such domain name to offer products which are competing with the Complainant’s products, the Respondent was, in all likelihood, trying to divert traffic intended for the Complainant's website to its own for commercial gain as set out in URS Procedure 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:
|
Ms. Kateryna Oliinyk Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page