URS DEFAULT DETERMINATION


Genzyme Corporation v. Wang Hui Min
Claim Number: FA1604001672183


DOMAIN NAME

<genzyme.tech>


PARTIES


   Complainant: Genzyme Corporation of Cambridge, MA, United States of America
  
Complainant Representative: Marchais Associes Philippe MARTINI-BERTHON of Paris, France

   Respondent: Wang Hui Min Wang Hui Min of Tai Yuan, SX, II, CN
  

REGISTRIES and REGISTRARS


   Registries: Dot Tech LLC
   Registrars: CHENGDU WEST DIMENSION DIGITAL TECHNOLOGY CO., LTD.

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.
   David L. Kreider Esq,, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: April 27, 2016
   Commencement: April 27, 2016
   Default Date: May 12, 2016
   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 


The disputed domain name is identical to the above cited trademark consisting in whole of the word “GENZYME”. The Respondent is not affiliated with the Complainant in any way. It has never been authorized by the Complainant to register or use any domain name incorporating “GENZYME” trademark. Respondent has through the registration of confusingly similar disputed domain name created a likelihood of confusion with Complainant’s trademark. Moreover, the likelihood of confusion is ascertained by the reputation of Complainant’s trade name, trademarks, domain names (e.g. <genzyme.com>) and goodwill, regardless of the descriptive extension <tech>.


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

Determined: Finding for Complainant 


Respondent registered the disputed domain name on April 7, 2016 despite receiving notification that the domain name match a mark registered with the Trademark Clearinghouse. The Respondent is required to have clicked on the Registrar notice Acknowledge Claim when presented with the Trademark Claims Notice to complete registration of the name. Respondent, at the time of the registration of the disputed domain name, therefore knew the existence of Complainant’s trademark. Insofar as the contested domain name resolves to an inactive page, Respondent has evidenced no rights or legitimate interest in the disputed domain name as he is not making a legitimate noncommercial or fair use of the domain name, nor is he using the litigious domain name in connection with a bona fide offering of goods or services.


[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 


Complainant is a major player on the worldwide pharmaceutical market and is composed of two business units – Rare Diseases and Multiple Sclerosis – that develop treatments for serious and debilitating diseases in the fields of genetic, endocrine and cardiovascular diseases. Complainant is the owner of numerous trademark registrations worldwide that consist of or contain the mark GENZYME, including the American trademark registration No.1859429 and enjoys a widespread reputation in the world (see http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-0574). Respondent registered the disputed domain name on April 7, 2016 despite receiving notification that the domain name match a mark registered with the Trademark Clearinghouse. The Respondent is required to have clicked on the Registrar notice Acknowledge Claim when presented with the Trademark Claims Notice to complete registration of the name. Respondent, at the time of the registration of the disputed domain name, therefore knew the existence of Complainant’s trademark.


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. genzyme.tech

 

David L. Kreider Esq,
Examiner
Dated: May 12, 2016

 

 

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