Deutsche Lufthansa AG v. WhoisGuard, Inc. / WhoisGuard Protected et al.
Claim Number: FA1901001825771




   Complainant: Deutsche Lufthansa AG of Frankfurt, Germany
Complainant Representative: Rauschhofer Rechtsanwälte Dr. Hajo Rauschhofer of Wiesbaden, Germany

   Respondent: Nikhil Jali of Livermore, CA, United States of America


   Registries: DotSpace Inc.
   Registrars: Namecheap


   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.
   Lars Karnøe, as Examiner


   Complainant Submitted: January 18, 2019
   Commencement: January 18, 2019
   Response Date: January 20, 2019
   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]


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] 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 trademark STARALLIANCE ia as alleged by the Complainant a very well-known trademark which enjoys a wide protection against unauthorized use by a third party.

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

Determined: Finding for Complainant 

The explanation put forward by the Respondent in the response which is a copy of that found on the website staralliance.space is not supported by any other evidence filed by the Respondent and must therefore be rejected.

[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 


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. staralliance.space


Lars Karnøe
Dated: January 24, 2019



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