URS FINAL DETERMINATION

 

Sanofi v. Yan Zhou et al.

Claim Number: FA1605001673228

 

DOMAIN NAME

<sanofi.club>

 

PARTIES

Complainant: Sanofi of PARIS, France.

Complainant Representative: Marchais Associes of Paris, France.

 

Respondent: Yan Zhou of Beijing, Beijing, International, CN.

 

YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service) of Beijing, Beijing, CN.

 

严豫川 of 湖北, China.

 

REGISTRIES and REGISTRARS

Registries: .CLUB DOMAINS, LLC

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.

 

David L. Kreider Esq,, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: May 4, 2016

Commencement: May 5, 2016     

Response Date: May 5, 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

Complainant is a major player on the worldwide pharmaceutical market settled in more than 100 countries on all 5 continents, employing 110,000 people and offering a wide range of patented prescription drugs to treat patients with serious diseases in 7 major therapeutic areas, namely cardiovascular, thrombosis, metabolic disorders, oncology, central nervous system, internal medicine and vaccines.

 

Complainant is the owner of numerous trademark registrations worldwide that consist of or contain the mark SANOFI, including International trademark registration No.1091805 and enjoys a widespread reputation in the world, including China.

 

Respondent registered the disputed domain name on April 12, 2016 despite receiving notification that the domain name matched 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.

 

On or about 5 May 2016, the Respondent submitted a Response written in English and Chinese in which Respondent states that he registered ten (10) domain names, each consisting of Complainant’s registered mark “SANOFI” coupled with a different top-level domain.  The Respondent describes himself as a domain name investor.  The Response states that Respondent was aware of Complainant’s company as the result of an arbitration relating to the domain “SANOFI.XIN” and that Complainant had not itself registered the disputed domain name.  Respondent seized the opportunity to register the disputed domain name.  The Examiner is proficient in the Chinese and English languages.

 

FINDING OF ABUSE  or MATERIAL FALSEHOOD

N/A

 

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 names be SUSPENDED for the duration of the registration.

 

<sanofi.club>

 

 

David L. Kreider Esq,, Examiner

Dated:  May 06, 2016

 

 

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