Deutsche Lufthansa AG v. Persson Niklaes et al.
Claim Number: FA1406001562639
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany.
Complainant Representative: Rauschhofer Rechtsanwälte of Wiesbaden, Germany.
Respondent: Persson Niklaes of Stockholm, International, Sweden.
Persson Niklaes of Vaxholm, International, SE.
REGISTRIES and REGISTRARS
Registries: FLIGHTS Registry
Registrars: EuroDNS S.A.
The undersigned certifies that he 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.
Petter Rindforth, as Examiner.
Complainant submitted: June 3, 2014
Commencement: June 11, 2014
Response Date: June 13, 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").
The case before the Examiner was conducted in the English language, which is also the language used by both the Complainant and the Respondent in their communication with the National Arbitration Forum.
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The Complainant is owner the trademark STAR ALLIANCE, registered in a number of countries, such as
International Trademark registration No 674914 STAR ALLIANCE, registered on May 2, 1997 for goods and services in Intl Classes 9, 16, 39 and 42.
International Trademark registration No 675034 STAR ALLIANCE (fig), registered on May 2, 1997 for goods and services in Intl Classes 9, 16, 39 and 42, covering a number of countries including Sweden, the home country of the Respondent.
Community Trademark registration No 000419887 STAR ALLIANCE (fig), registered on December 4, 1998 for goods and services in Intl Classes 9, 16, 39 and 42.
The Complainant has provided evidence of use by screenshots from the website www.staralliance.com/se.
The Respondent has filed comments in reply to the Complaint, generally stating: “I am not interested in the domain name you can have it”.
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:
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use
2. Respondent has no legitimate right or interest to the domain name [URS 1.2.6.2]
3. The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as: Respondent 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.
The Examiner finds that the Complainant has proved trademark rights to the word mark STAR ALLIANCE, a trademark that is in current use. The trademark is confusingly similar to <staralliance.flights>.
The Examiner further finds that the Respondent has no legitimate right or interest to the domain name.
As the Respondent must have known of the Complainants trademark at the time of registration of the disputed domain name, and then has used it for a commercial web site with travel business related advertisements, the Examiner also finds that the Respondent registered and is using <staralliance.flights> in bad faith. In addition, the Respondent has not argued against the Complainant’s claims, but in fact confirmed that the Respondent has no interest in the disputed domain name.
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 names be SUSPENDED for the duration of the registration:
<staralliance.flights>
Petter Rindforth, Examiner
Dated: June 15, 2014
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