URS DEFAULT DETERMINATION


The Bank of New York Mellon v. Privacy service provided by Withheld for Privacy ehf et al.
Claim Number: FA2107001955661


DOMAIN NAME

<bnymellon.team>


PARTIES


   Complainant: The Bank of New York Mellon of New York, NY, United States of America
  
Complainant Representative: Reed Smith LLP Joshua W Newman of Chicago, IL, United States of America

   Respondent: Privacy service provided by Withheld for Privacy ehf of Reykjavik, Capital Region, II, IS
  

REGISTRIES and REGISTRARS


   Registries: Binky Moon, LLC
   Registrars: NameCheap, Inc.

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.
   Vali Sakellarides, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 19, 2021
   Commencement: July 19, 2021
   Default Date: August 3, 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: Complainant is a subsidiary of The Bank of New York Mellon Corporation (collectively, “BNY Mellon”) and is a leading global financial services and investments company that helps clients manage and service financial assets. Today, BNY Mellon is the world’s largest custodian bank and asset serving company with $45 trillion assets under custody or administration and $2.3 trillion in assets under management. Complainant submitted a copy of its US service mark No. 3,585,488 BNY MELLON, a screenshot of its website BNY MELLON and its history since 1784. The marks of the Complainant BNY, MELLON, and BNY MELLON have been in use since 1869. BNY Mellon says it owns hundreds of registrations and domains worldwide that incorporate the BNYM Marks.

  

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 


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

Determined: Finding for Complainant 


[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 registered the BNYMELLON.TEAM domain on August 30, 2020—approximately 150 years after Complainant’s first use of the BNYM Marks. Respondent has used the domain for the sole purpose of redirecting visitors to Complainant’s website, bnymellon.com. BNY Mellon requested that the domain be disabled and Respondent cease all uses of the BNYM Marks.


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. bnymellon.team

 

Vali Sakellarides
Examiner
Dated: August 5, 2021

 

 

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