Thoughtworks, Inc. v. Shield Whois
Claim Number: FA2207002003497
Complainant: Thoughtworks, Inc. of Chicago, Illinois, United States of America.
Complainant Representative: Culhane Meadows, PLLC of Dallas, Texas, United States of America.
Respondent: tuan thinh ngo of thai nguyen, International, VN.
Respondent Representative: none
REGISTRY and REGISTRAR
Registry: Radix FZC
Registrar: Name SRS AB
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Debrett Gordon Lyons, as Examiner.
Complainant submitted: July 8, 2022
Commencement: July 19, 2022
Default Date: August 3, 2022
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").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is a global technology consultancy providing its services by reference to the trademark, THOUGHTWORKS, since 1993. That trademark is registered and in use. Complainant has more than 10,000 employees in 43 offices located among 17 countries. The domain name is not in use.
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.
1.2.6.1. that the registered domain name is 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.
The evidence shows that Complainant holds a valid national registration which is in use. Further, the Examiner finds that the domain name is identical to the trademark and so finds the first element to be established.
1.2.6.2. that the Registrant has no legitimate right or interest to the domain name.
There is nothing to suggest Registrant is commonly known by the domain name or that it has trademark rights of its own. The domain name is not in use and there is no evidence of preparations to use the domain name in connection with a bona fide offering of goods or services. The Examiner finds that Registrant has no legitimate right or interest in the domain name and that Complainant has established the second element.
1.2.6.3. that the domain was registered and is being used in bad faith.
The Examiner finds that the domain name was created with knowledge of Complainant’s trademark and business and in bad faith. The Examiner also finds no conceivable good faith use to which the domain name could be put and so finds passive holding and ‘use’ in bad faith.
After reviewing the Complainant’s 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 be SUSPENDED for the duration of the registration.
<thoughtworks.store>
Debrett Gordon Lyons, Examiner
Dated: August 04, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page