Morgan Stanley v. Yuan Bei et al.

URS FINAL DETERMINATION

Morgan Stanley v. Yuan Bei et al.
Claim Number: FA1506001625587

DOMAIN NAME

<morganstanley.pub>

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: hunanyouchuang yuan bei of changsha, China
	Respondent Representative: hunanyouchuangkeji yuan bei of changsha, China

REGISTRIES and REGISTRARS

	Registries: United TLD Holdco Ltd.
	Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)

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: June 22, 2015
	Commencement: June 23, 2015
	Response Date: June 23, 2015
	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]

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 well-known MORGAN STANLEY trade mark, registered and used in numerous jurisdictions worldwide, and first used as early as 1935.

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

Determined: Finding for Complainant

Respondent has failed to demonstrate any legitimate rights or interests in the domain name. The domain name has not been used. Respondent has filed a blank Response and has not made any submissions or provided any evidence at all to establish any legitimate rights or interests.

[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

In all the circumstances, and given in particular the global repute of Complainant's MORGAN STANLEY trade mark, the Examiner has no hesitation in concluding Respondent's registration and passive use of the domain name amounts to bad faith registration and use. Respondent must have been aware of Complainant and of its rights in the MORGAN STANLEY trade mark at the time of registration of the domain name. The Examiner's conclusion is fortified by Complainant's uncontested allegation that, in an email dated 22 June 2015 in response to a letter of demand from Complainant's legal counsel, Respondent offered to sell the domain name for US$50,000.00. The Examiner notes however for the record that the relevant correspondence was not exhibited to the Complaint. Even absent any such offer, the Examiner would still have determined there is clear and convincing evidence, in all the circumstances, in support of a finding of bad faith.

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 neither abusive nor contained material falsehoods.

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:

morganstanley.pub

Mr. Sebastian Matthew White Hughes
Examiner
Dated: June 24, 2015

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