Bloomberg L.P. v. zhang guo jie

Claim Number: FA1703001721683






Complainant:  Bloomberg L.P. of New York, New York, United States of America.

Complainant Representative:  Wm. M. Reid


Respondent:  zhang guo jie of pu tian pu tian shi, FJ, International, CN.



Registries:  DotSite Inc.

Registrars:  Chengdu West Dimension Digital Technology Co., Ltd.



The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Examiner in this proceeding.


Terry F. Peppard, as Examiner.



Complainant submitted: March 15, 2017

Commencement: March 15, 2017   

Default Date: March 30, 2017


Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under both URS Procedure (“the Procedure”) Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") for giving to Respondent notice of the commencement of this proceeding and an opportunity to respond.



Complainant requests that the domain name <bloomberg.site> be suspended for the life of the registration.



Clear and convincing evidence.




Although Respondent has defaulted by failing to respond to the Complaint filed in this proceeding within the time allowed and in the manner required by the Procedure, URS Procedure 1.2.6 provides that Complainant must make out a prima facie showing, by clear and convincing evidence, on each of the following three elements, in order to obtain a determination that a domain name should be suspended:


1.    The registered domain name is identical or confusingly similar to

a mark for which the Complainant holds a valid national or regional registration and that it is in current use; and

2.  Respondent has no right to or legitimate interest in the disputed domain name; and

3.  The same domain name was registered and is being used by   Respondent in bad faith.


In its Complaint, Complainant shows:


a.   that it holds a valid national registration for the trademark and service mark BLOOMBERG, on file with the United States Patent and Trademark Office as Registry No. 3,430,969, registered May 20, 2008, and renewed May 14, 2013, in International Class 009 [which may be described in brief as relating to computers and computer programs for use in accessing information databases in, among others, the realms of news, business, finance and securities markets], and that the mark is in current use; and

b.   that the domain name <bloomberg.site> held by Respondent is confusingly similar to Complainant’s BLOOMBERG mark.  


The Complaint is, however, devoid of any allegations or proof of facts tending to show, even prima facie, either that Respondent has no right to or legitimate interest in the <bloomberg.site> domain name, or that the domain name was registered and is being used by Respondent in bad faith.


Accordingly, on the record before us, we cannot conclude that Respondent has no right to or legitimate interest in the domain name or that the domain name was registered and is being used by Respondent in bad faith.




There is no evidence in the record to suggest that the Complaint was brought by Complainant in abuse of this proceeding or that it contains material falsehoods.




Upon review of Complainant’s submissions, the Examiner determines that

Complainant has failed to demonstrate all three required elements of the URS by clear and convincing evidence.  It is therefore Ordered that the challenged domain name <bloomberg.site> be RETURNED to the control of Respondent.


Terry F. Peppard, Examiner

Dated:  March 31, 2017




Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page