URS DEFAULT DETERMINATION
Morgan Stanley v. 余迎春 / 余迎春
Claim Number: FA1510001644415
DOMAIN NAME
<morganstanley.xin>
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
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Respondent: 余迎春 / 余迎春 of 温州市, 浙江, II, CN | |
REGISTRIES and REGISTRARS
Registries: Elegant Leader Limited | |
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina |
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. | |
Ms. Marie Emmanuelle Haas, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: October 28, 2015 | |
Commencement: October 29, 2015 | |
Default Date: November 13, 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] |
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 URS paragraph 1.2.6.1: The domain name at issue is composed with the Complainant’s MORGAN STANLEY trademark, together with the extension “.xin”. The domain name is identical to the Complainant’s trademark. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant URS paragraph 1.2.6.2: Registrant has no legitimate right or interest to the domain name, which is composed with the famous MORGAN STANLEY trademark. He has not been authorized to use the domain name and he has no identical trademark nor offers related services. Respondent has not made any demonstrable preparations to use the domain name in relation with a bona fide offering of goods or services. He is not commonly known under the domain name at issue and does not make any fair and noncommercial use of that 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 URS paragraph 1.2.6.3: Given the strength and worldwide fame of the MORGAN STANLEY Trademark, Respondent cannot have ignored the Complainant’s rights when registering the domain name at issue. Complainant notified its MORGAN STANLEY trademark to the Trademark Clearing House, what means that Respondent received an express notice of Complainant’s prior rights when applying for the disputed domain name registration. Even if the disputed domain name does not resolve to an active website, it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. For these reasons, the Examiner finds that, Complainant made 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. 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:
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Ms. Marie Emmanuelle Haas Examiner
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