URS DEFAULT DETERMINATION

Cerner Corporation v. hu chun hua
Claim Number: FA1608001686725

DOMAIN NAME

<cerner.online>

PARTIES

	Complainant: Cerner Corporation of Kansas City, MO, United States of America
	Complainant Representative: Shook, Hardy & Bacon LLP Leonard Searcy of Kansas City, MO, USA

	Respondent: hu chun hua hu chun hua of ays, hns, II, CN

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.
	Vali Sakellarides, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: August 2, 2016
	Commencement: August 3, 2016
	Default Date: August 18, 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

	Procedural Findings:
		Multiple Complainants: This proceeding features a sole Complainant regarding the single domain name <cerner.online>. No domain names are dismissed from this complaint.
		Multiple Respondents: This proceeding features a sole Respondent regarding the single domain name <cerner.online>. No domain names are dismissed from this complaint.

Findings of Fact: Complainant, Cerner Corporation, was founded in 1979 and incorporated in January 1980. Complainant engages in the business of consulting with and producing, marketing, and selling computer software and devices in the hospital and health industry. Complainant states that it has accumulated substantial public goodwill and acquired extensive rights in the CERNER mark, and owns registered trademarks with registration numbers 1,458,174; 1,837,060; 3,696,690; 3,696,691; 2,550,007; 3,772,467; 3,772,468; and 4,593,249. Complainant states that it has been using the mark continuously in commerce since January 1985, and registered the mark in September 1987.

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 has submitted copies of US Trademarks Nos. 1,458,174; 1,837,060; 3,696,690; 3,696,691; 2,550,007; 3,772,467; 3,772,468; and 4,593,249 and evidence of use. Examiner finds that the disputed domain name <cerner.online> is identical to the Complainant’s CERNER trademark, as the gTLD ‘online’ is not relevant for a finding under URS 1.2.6.1. Examiner finds that Complainant has established the first element under URS 1.2.6.1(i).

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

Determined: Finding for Complainant

Respondent has not filed a Response. Complainant has not authorized Respondent to use its registered trademark. Examiner finds that the Complainant has established that the Respondent has no rights or legitimate interests in <cerner.online>.

[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 submits evidence that the domain name <cerner.online> resolves to a Sponsored links' website used for obtaining advertising revenues. Hence, it is apparent that Respondent had Complainant in mind when registering the disputed domain name and that Respondent registered the domain name either with the purpose of selling it to Complainant or to a third party and prevent the Complainant from reflecting the mark in a corresponding domain name and Respondent has intentionally attempted to attract users for commercial gain by creating a likelihood of confusion with the complainant's mark. Examiner finds that the Complainant has established the element under URS 1.2.6.3.

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:

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:

cerner.online

Vali Sakellarides
Examiner
Dated: August 23, 2016

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