Audi AG v. Sammy Quraan
Claim Number: FA1605001673931
Complainant: Audi AG of Ingolstadt, Germany.
Complainant Representative:
Complainant Representative: HK2 Rechtsanwälte of Berlin, Germany.
Respondent: Sammy Quraan of union, New Jersey, US.
Respondent Representative:
REGISTRIES and REGISTRARS
Registries: AUTO Registry; CARS Registry
Registrars: GoDaddy.com, LLC
The undersigned certifies that he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Examiner in this proceeding.
Honorable Charles K. McCotter, Jr., as Examiner.
Complainant submitted: May 9, 2016
Commencement: May 9, 2016
Default Date: May 24, 2016
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.
[URS 1.2.6.1] 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.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
[URS 1.2.6.3] 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.
FINDINGS OF FACT
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.
IDENTICAL OR CONFUSINGLY SIMILAR
Complainant, Audi AG, is one of the leading car manufacturers in the world. Complainant owns numerous national and international trademarks for AUDI. The <audi.auto> and audi.cars> domain names are identical to Complainant’s trademark AUDI under URS Procedure 1.2.6.1(i).
RIGHTS OR LEGITIMATE INTERESTS
The domain names are not used for bona fide offering goods or services. The websites display notices “website coming soon”. Complainant has not authorized Respondent, Sammy Quraan, to use its trademark “AUDI” or to register the domain names and Complainant is not affiliated with Respondent. Respondent is not commonly known by the domain name. According to the WHOIS information, the Registrant is Sammy Quraan. Use of the domain names for a “Under Construction” website” does not constitute legitimate or fair use. Thus, Respondent has no legitimate right or interest to the domain names pursuant to URS Procedure 1.2.6.2.
REGISTRATION AND USE IN BAD FAITH
Registrant had knowledge of Complainant´s trademarks when registering the domain names. Complainant´s trademarks predate the registration of the domain names by more than 50 years. The TLD´s .auto and .cars directly relate to Complainant´s core business production of cars. Respondent registered the domain names on January 26, 2016 while Claims Service was active and therefore must have received a trademark notification. Complainant´s trademark was registered with the TMCH October 16 2013. Respondent has not made active use of the domain names since registration. Respondent has engaged in bad faith registration and use of the domain names under USR Procedure 1.2.6.3.
After reviewing the Complainant’s submissions, the Examiner determines that
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.
Honorable Charles K. McCotter Jr., (Ret.), Examiner
Dated: May 24, 2016
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page