Virgin Enterprises Limited v. WhoisGuard, Inc.
Claim Number: FA1709001748703




   Complainant: Virgin Enterprises Limited of London, United Kingdom
Complainant Representative: Stobbs Julius E Stobbs of Cambridge, United Kingdom

   Respondent: WhoisGuard, Inc. WhoisGuard Protected of Panama, II, PA


   Registries: Trixy Oaks, LLC
   Registrars: NameCheap, Inc.


   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.
   Richard W. Hill, as Examiner


   Complainant Submitted: September 13, 2017
   Commencement: September 13, 2017
   Default Date: September 28, 2017
   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.


   Findings of Fact: [OptionalComment]


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] 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 Complainant owns rights in VIRGIN and VIRGIN PULSE through trade mark registrations. Complainant has a significant reputation and has a vast amount of goodwill in the VIRGIN name globally. The Virgin Group originated in 1970 and has since expanded into a wide variety of businesses. As a result, the Virgin Group now comprises over 200 companies worldwide operating in 32 countries including throughout Europe and the USA. The Virgin Group employ in excess of 40,000 people, generating an annual turn over of 4.6 billion pounds. Virgin Pulse is the new name for Virgin Healthmiles, which was rebranded in 2013. Virgin Pulse builds employee engagement and loyalty through the use of personalized technology solutions and wellbeing programs. Virgin Pulse serves over 200 companies, representing more than 1 million employees. The registered domain virginpulse.life is identical to the mark which the Complainant owns rights in.

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

Determined: Finding for Complainant 

The domain is being used in relation to a phishing scam. Customers of the Complainant, who took part in the virgin Pulse Challenge May 2017, have reported receiving emails which at first glance look like they come from the Global Challenge and which ask for data to be provided, including updating their accounts. This is an obvious example of a bad faith registration in accordance with of the URS Procedure and thus shows that Registrant has no legitimate right or interest to the domain name.

[URS] 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 

As noted above, he domain is being used in relation to a phishing scam. This is an obvious example of a bad faith registration in accordance with of the URS Procedure.


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. 


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. virginpulse.life


Richard W. Hill
Dated: September 28, 2017



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