NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION
International Business Machines Corporation v. Denis Antipov
Claim Number: FA1402001542313
DOMAIN NAME
<ibm.guru>
<ibm.ventures>
PARTIES
Complainant: International Business Machines Corporation of Armonk, NY, United States of America | |
Complainant Representative: CSC Digital Brand Services of Wilmington, DE, United States of America
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Respondent: Denis Antipov of Hoboken, NJ, United States of America | |
REGISTRIES and REGISTRARS
Registries: Pioneer Cypress, LLC,Binky Lake, LLC | |
Registrars: Godaddy LLC |
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. | |
Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: February 5, 2014 | |
Commencement: February 6, 2014 | |
Response Date: February 7, 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"). |
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
Procedural Findings: | ||
Multiple Complainants: No multiple Complainants are involved in this proceeding. This complaint and findings relate to the domain names <ibm.guru> and <ibm.ventures>. No domain names are dismissed from this complaint. | ||
Multiple Respondents: Both domain names are using the exact same privacy whois service. It is unclear whether there is one or multiple Respondents. This complaint and findings relate to the domain names <ibm.guru> and <ibm.ventures>. No domain names are dismissed from this complaint. |
Findings of Fact: Complainant owns trademark registrations in 170 countries and has used the IBM mark to sell IT-related goods and services for one hundred years. Complainant sells a broad range of devices that record, process, communicate, store and retrieve information, including computer hardware and software. In 2011 Complainant was valued at over USD 69 billion. Complainant registered its domain name, <ibm.com> on March 19, 1986, which is used to promote Complainant’s goods and services. Respondent registered the disputed domain name on January 31, 2014 despite receiving notification that the domain names match a mark registered with the Trademark Clearinghouse. The Respondent is required to have clicked on the GoDaddy notice “Acknowledge Claim” when presented with the Trademark Claims Notice to complete registration of the name. Respondent at the time of registration of the disputed domain names knew of the existence of the Complainant's trademarks. The disputed domain names currently forward to IBM owned and operated websites. The domain name <ibm.guru> forwards to http://www.ibm.com. The domain name <ibm.ventures> forwards to http://www.ibm.com/venturecapitalgroup/%e2%80%8e. This activity does not constitute a bona fide offering of goods or services or legitimate noncommercial fair use of the disputed domain name. Indeed, by redirecting the disputed domain names to IBM websites the Respondent has essentially acknowledged the dispute domain names can only refer to the Complainant. |
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 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant URS 1.2.6.1 (i) covers the domain names at issue in this case. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent states only that the domains were to be used for a news and/or community support website. There is no indication of any authorization to use the Complainant's mark. The Respondent believes others are using the mark but offers no support or details regarding the alleged use. Use by others is not justification for the Respondent to use Complainant's mark.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant URS 1.2.6.3 (c) and (d) are applicable here. Respondent's domain names resolve to websites of the Complainant. 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:
The Complaint was well founded. The response was merely three perfunctory sentences.
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:
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Darryl C. Wilson
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