NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION


Morgan Stanley v. zechuan chang et al.
Claim Number: FA1411001591049


DOMAIN NAME

<morganstanley.top>


PARTIES


   Complainant: Morgan Stanley of New York, NY, United States of America
  
Complainant Representative: Cowan, Liebowitz & Latman, P.C. Eric J. Shimanoff of New York, NY, United States of America

   Respondent: zechuan chang zechuan chang of luo yang shi, ha, China
  

REGISTRIES and REGISTRARS


   Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
   Registrars: 成都西维数码

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.
   Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: November 21, 2014
   Commencement: December 1, 2014
   Response Date: December 12, 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



   Findings of Fact: [OptionalComment]

  

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:
  (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.

Determined: Finding for Complainant 


The registered domain name is identical to Complainant's MORGAN STANLEY trade mark (the "Trade Mark"), used since 1935, registered in numerous jurisdictions worldwide (including China, where Respondent is based), and well-known in the financial services industry.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Respondent has failed to provide any evidence to establish any legitimate rights or interests in 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.

Determined: Finding for Complainant 


The domain name has been passively held. Given the notoriety of Complainant, and the content of the Response, Respondent was clearly well aware of Complainant and of its rights in the Trade Mark when it registered the domain name.


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.

Respondent has alleged that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. 

The Examiner finds as follows:


  1. The Complaint was neither abusive nor contained material falsehoods. 

Respondent's only assertion in the Response is to claim (without any supporting evidence) that the disputed regarding the domain name had been resolved and, therefore, the filing of the Complaint amounts to an abuse of the proceedings. There is nothing in the evidence to support such a claim.


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:

  1. morganstanley.top

 


Mr. Sebastian Matthew White Hughes
Examiner
Dated: December 14, 2014

 

 

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