URS FINAL DETERMINATION

Yale University v. ran mao lin et al.
Claim Number: FA1607001682454

DOMAIN NAME

<yale.online>

PARTIES

	Complainant: Yale University Arabella Y. Zwicker of New Haven, CT, United States of America
	Complainant Representative: Venable LLP Meaghan H. Kent of Washington, DC, United States of America

	Respondent: yale.online ran mao lin of yining, China
	Respondent Representative: ran mao lin ran mao lin of yi li huo cheng, XJ, II, China

REGISTRIES and REGISTRARS

	Registries: DotOnline Inc.
	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.
	Mr. Sebastian Matthew White Hughes, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: July 5, 2016
	Commencement: July 6, 2016
	Response Date: July 17, 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]

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

Complainant, founded in 1701, is the holder of numerous registrations worldwide for the word mark YALE, including US registration number 73412858 with a registration date of February 9, 1983. YALE is a well-known trademark globally.

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

Determined: Finding for Complainant

Respondent has provided no evidence to establish any rights or legitimate interests in the disputed domain name. The disputed domain name has previously been resolved to a website providing sponsored links to third party websites, including numerous websites relating to the education services provided by Complainant and by Complainant's competitors. Respondent's bare assertion that (1) the disputed domain name is the Chinese pinyin (romanized text) for "elegant music"; and (2) Respondent does not know the meaning of the disputed domain name and of "YALE" is belied by the manner in which the disputed domain name was previously used - namely, to provide sponsored links to third party websites providing or relating to the services offered by Complainant and/or Complainant's competitors.

[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

Respondent has clearly registered and used the disputed domain name in bad faith, under URS 1.2.6.3 d. Complainant also relies on an offer apparently made by or on behalf of Respondent by way of email to Complainant's representatives to sell the disputed domain name to Complainant for US$50,000. The Examiner is unable, however, on the evidence, to make an additional finding of bad faith registration and use under URS 1.2.6.3 a. as the email with the offer to sell was not sent from the email address for Respondent included in the WhoIS search for the disputed domain name.

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.

Respondent has alleged 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:

yale.online

Mr. Sebastian Matthew White Hughes
Examiner
Dated: July 20, 2016

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