URS FINAL DETERMINATION


Bloomberg L.P. v. Zhang Guo Jie et al.
Claim Number: FA1609001692977


DOMAIN NAME

<businessweek.top>


PARTIES


   Complainant: Bloomberg L.P. William M. Ried of New York, NY, United States of America
  

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

REGISTRIES and REGISTRARS


   Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
   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: September 9, 2016
   Commencement: September 12, 2016
   Response Date: September 14, 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 is the owner of US registration No. 549,742 for the word trademark BUSINESS WEEK, registered since October 23, 1951 (the "Trademark"). Complainant has also owned and used the domain name <businessweek.com> comprising the Trademark continuously since July 27, 1995. The domain name is identical to the Trademark.


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

Determined: Finding for Complainant 


Respondent has failed to adduce any evidence to demonstrate rights or legitimate interests in the domain name. The domain name has not been used. Respondent does not assert, in the Response, that Respondent is commonly known by the domain name, or that Respondent is making a bona fide non-commercial use of 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 


Complainant has used the Trademark continuously since 1930 in respect of its financial news and information businesses. Respondent asserts that Respondent did not register the domain name for the purpose of selling it; Respondent is not using the domain name in respect of counterfeit goods or services; and Respondent has not used the domain name in order to gain pay-per-click revenue. However, in all the circumstances, including the notoriety of the Trademark, Respondent's failure to put forward a positive case to demonstrate any rights or legitimate interests in the domain name, and the fact the domain name is identical to the Trademark, the Examiner concludes that Respondent must have had Complainant and its Trademark in mind when it registered the domain name. Accordingly, bad faith registration and use has been made out.


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. businessweek.top

 


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

 

 

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