URS DEFAULT DETERMINATION


The Boston Consulting Group v. Zhang Guo Jie
Claim Number: FA1512001650627


DOMAIN NAME

<bcg.online>


PARTIES


   Complainant: The Boston Consulting Group of Boston, MA, United States of America
  
Complainant Representative: DLA Piper LLP (US) James K Stewart of Washington, DC, United States of America

   Respondent: Zhang Guo Jie Zhang Guo Jie of Pu Tian Shi, Fu Jian, II, CN
  

REGISTRIES and REGISTRARS


   Registries: DotOnline Inc.
   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: December 2, 2015
   Commencement: December 3, 2015
   Default Date: December 18, 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:
  (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 


Complainant is a well-known consultancy business with operations in numerous countries worldwide and is the owner of US registration No. 983019 for the trade mark BCG with a registration date of April 30, 1974. The registered domain name is identical to Complainant's BCG trade mark.


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

Determined: Finding for Complainant 


Respondent has made no use of the domain name. The domain name is resolved to a blank "this webpage is not available" web page. Respondent has adduced no 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 


In all the circumstances, given in particular the notoriety of Complainant's BCG mark worldwide, the exact identity between Complainant's mark and the domain name, and the passive use of the domain name, the Examiner has no hesitation in concluding the domain name was registered and is being used in 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:


  1. 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:

  1. bcg.online

 

Mr. Sebastian Matthew White Hughes
Examiner
Dated: December 18, 2015

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page