Morgan Stanley v. Zhang Sheng Xu
Claim Number: FA1501001599214
Complainant: Morgan Stanley of New York, New York, United States of America.
Complainant Representative:
Complainant Representative: Cowan, Liebowitz & Latman, P.C. of New York, New York, United States of America.
Respondent: Zhang Sheng Xu of Shen Zhen, GD, International, cn.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
Registrars: Chengdu West Dimension Digital Technology Co., Ltd.
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.
Honorable John A. Bender Honorable, as Examiner.
Complainant submitted: January 12, 2015
Commencement: January 13, 2015
Default Date: January 28, 2015
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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
(1) Neither MORGAN STANLEY nor MORGANSTANLEYCHINA.TOP are part of Respondent’s
name;
(2) Respondent does not actually engage in any legitimate business or commerce under the name MORGANSTANLEY or MORGANSTANLEYCHINA.TOP; and
(3) Respondent is not commonly known by either of those names.
(4) Respondent is not a licensee of Complainant, nor has Complainant authorized Respondent to register or use the MORGANSTANLEY marks or domain name MORGANSTANLEYCHINA.TOP. Respondent’s domain name resolves to a website that appears to be an official Morgan Stanley website. The website utilizes Complainant’s MORGANSTANLEY marks numerous times, speaks as if it were Complainant and draws text from Complainant’s legitimate websites. The website is likely to mislead any interested party into mistakenly believing that Respondent’s website and purported financial services are affiliated with or sponsored by Complainant, when they are not.
(5) Respondent’s website also invites consumers to enter personal and confidential information, such as names, telephone numbers and bank account information, into this web portal, and thus may be engaged in “phishing.” There is no evidence that Respondent is legitimately using the disputed domain name, for any other purpose.
These facts constitute clear and convincing evidence of bad faith.
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.
1.2.6.1. The registered domain name is identical or confusingly similar to a word mark: (i) for which the Complainant holds a valid national Chinese trademark registration in current use;
1.2.6.2. The Registrant has no legitimate right or interest to the domain name; in that there is no evidence of license or other permission to use Complainant’s name or materials; and,
1.2.6.3. The domain was registered and is being used in bad faith.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
morganstanleychina.top
Honorable John A. Bender, Examiner
Dated: January 28, 2015
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