Allianz SE v. chen jishan et al.

NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION

Allianz SE v. chen jishan et al.
Claim Number: FA1408001575411

DOMAIN NAME

<allianz.wang>

PARTIES

	Complainant: Allianz SE Tobias Unterguggenberger of Munich, Germany

	Respondent: chen jishan chen jishan of quanzhou, fujian, II, China

REGISTRIES and REGISTRARS

	Registries: Zodiac Leo Limited
	Registrars: 成都西维数码

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.
	Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: August 20, 2014
	Commencement: August 21, 2014
	Default Date: September 5, 2014
	Default Decision Date: September 9, 2014
	Response Date: September 9, 2014
	Having reviewed the communications records, the Examiner finds that the National Arbitration 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]

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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

The disputed domain name is identical to Complainant's well-known trade mark "ALLIANZ". Respondent's assertion that the Complainant lacks trade mark rights in China is incorrect. Complainant's international registration for its trade mark "ALLIANZ", with a priority date of May 4, 1999, covers numerous jurisdictions, including China.

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

Determined: Finding for Complainant

The disputed domain name has not been used. Respondent has failed to adduce any evidence to demonstrate any legitimate rights or interests in 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

In all the circumstances, given the disputed domain name is identical to Complainant's well-known trade mark, and as the disputed domain name has not been used, Respondent must have known of Complainant and its trade mark at the time it registered the disputed domain name. Respondent has offered the disputed domain name for sale on <www.onlydomainnames.com>. Respondent does not deny in its Response that it knew of Complainant when it registered the domain name, nor does Respondent deny having offered the domain name for sale on <www.onlydomainnames.com>.

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.

Respondent has alleged that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

Other than a bare assertion that the Complaint is abusive, and the erroneous suggestion that Complainant has no relevant trade mark rights in China, Respondent has filed no relevant submissions or evidence to suggest the Complaint was brought in an abuse of this proceeding or that it 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:

allianz.wang

Mr. Sebastian Matthew White Hughes
Examiner
Dated: September 11, 2014

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