The Boston Consulting Group, Inc. v. Navid Hadzaad
Claim Number: FA1604001670413
Complainant: The Boston Consulting Group, Inc., of Boston, Massachusetts, United States of America.
Complainant Representative: DLA Piper LLP (US) of Washington, District of Columbia, United States of America.
Respondent: Navid Hadzaad of Koenigstein, International, DE.
REGISTRIES and REGISTRARS
Registries: Wild Corner, LLC
Registrars: united-domains AG
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.
Jeffrey M. Samuels, as Examiner.
Complainant submitted: April 13, 2016
Commencement: April 14, 2016
Default Date: April 29, 2016
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 Boston Consulting Group is a world-renowned business management consulting firm, with 82 offices in 46 countries and 10,500 employees. Complainant owns a number of trademark registrations around the world for the mark BCG, as used in connection with business management consulting services, including U.S. Trademark Registration No. 3,235,760.
The disputed domain name is bcg.careers.
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.
The Examiner finds that the disputed domain name is confusingly similar to a mark, BCG, for which Complainant holds a valid national registration and that is in current use. The domain name incorporates in full the BCG mark and the addition of the generic top-level domain “.careers” does not dispel a finding of confusing similarity.
The Examiner further finds that Respondent has no rights or legitimate interests in the disputed domain name. Complainant indicates that it has not licensed or otherwise permitted Respondent to use the BCG marks or to apply for a domain name incorporating such marks.
Finally, the Examiner determines that the disputed domain name was registered and is being used in bad faith. Complainant notes that the disputed domain name resolves to a website that points to Complainant’s primary competitor’s employment and recruiting website.
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 names be SUSPENDED for the duration of the registration:
bcg.careers
Jeffrey M. Samuels, Examiner
Dated: April 29, 2016
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