URS DEFAULT DETERMINATION
Virgin Enterprises Limited v. WhoisGuard, Inc.
Claim Number: FA1709001748703
DOMAIN NAME
<virginpulse.life>
PARTIES
Complainant: Virgin Enterprises Limited of London, United Kingdom | |
Complainant Representative: Stobbs
Julius E Stobbs of Cambridge, United Kingdom
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Respondent: WhoisGuard, Inc. WhoisGuard Protected of Panama, II, PA | |
REGISTRIES and REGISTRARS
Registries: Trixy Oaks, LLC | |
Registrars: NameCheap, Inc. |
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. | |
Richard W. Hill, as Examiner |
PROCEDURAL HISTORY
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"). |
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, 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 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: 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 1.2.6.2] 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 1.2.6.3 of the URS Procedure and thus shows that 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.
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 1.2.6.3 of the URS Procedure. 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 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:
|
Richard W. Hill Examiner
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