NATIONAL ARBITRATION FORUM
usRS DEFAULT DETERMINATION
Beachbody, LLC v. Zhang Sanfeng
Claim Number: FA1503001610688
DOMAIN NAME
<t-25.us>
PARTIES
Complainant: Beachbody, LLC of Santa Monica, CA, United States of America | |
Complainant Representative: Cozen O'Connor
Camille M Miller of Philadelphia, PA, United States of America
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Respondent: Zhang Sanfeng Zhang Sanfeng of xiamen, fujian, II, China | |
REGISTRIES and REGISTRARS
Registries: NeuStar | |
Registrars: 1API GMBH |
EXAMINER
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. | |
Sandra J. Franklin, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: March 20, 2015 | |
Commencement: March 23, 2015 | |
Default Date: April 7, 2015 | |
Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under usRS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the .usTLD Rapid Suspension System (the "Rules"). |
RELIEF SOUGHT
Complainant requests that the domain name be suspended for the life of the registration. |
STANDARD OF REVIEW
Clear and convincing evidence. |
FINDINGS and DISCUSSION
Findings of Fact: [OptionalComment] |
Even though the Respondent has defaulted, usRS 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.
[usRS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant Complainant prevails under URS 1.2.6.1.(i). [usRS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[usRS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant prevails under URS 1.2.6.3.(c) and (d). FINDING OF ABUSE or MATERIAL FALSEHOOD 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:
DETERMINATION
After reviewing the parties’ submissions, the Examiner determines that the Complainant
has demonstrated all three elements of the usRS 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:
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Sandra J. Franklin, Examiner
Dated: April 8, 2015 |
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