URS DEFAULT DETERMINATION

MultiHOST LLC v. Sergey Ermilov
Claim Number: FA1610001697738

DOMAIN NAME

<multihost.pro>

PARTIES

	Complainant: MultiHOST LLC Yuri S Alekseev of Moscow, Russia

	Respondent: Sergey Ermilov Sergey Ermilov of Lyubertsy, Moskovskaya obl., II, RU

REGISTRIES and REGISTRARS

	Registries: Registry Services Corporation
	Registrars: Regional Network Information Center, JSC dba RU-CENTER

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.
	Ahmet Akguloglu, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 12, 2016
	Commencement: October 12, 2016
	Default Date: October 27, 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: The Complaint does not allege multiple Complainants.
		Multiple Respondents: The Complaint does not allege multiple Respondents.

Findings of Fact: The Complainant claimed that the Complainant is one of the largest hosting providers in Russia and Ukraine and has been doing its business under the “MultiHOST” trade name and mark since 2001. The Complainant also asserted that through its use the “MultiHOST” trademark has gained the high degree of awareness and recognition among the public and IT agencies, is exclusively associated with the Complainant’s services and business. The Complainant claimed that the disputed domain name was delegated in 2013, long after the Complainant’s business was established in the jurisdiction where the Respondent domiciles. The Complainant asserted that the registrant has registered the disputed domain name despite having no affiliation or connection to the Complainant. The Complainant claimed that the disputed domain name resolves to the commercial website for game hosting servers and the function of the website is strictly commercial. The Respondent provided no response to the complaint.

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

It is clear that the Complainant has met its burden by clear and convincing evidence that the domain name is identical to the word mark “MultiHOST” for which the Complainant holds valid national registration and that are in current use.

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

Determined: Finding for Complainant

The Complainant did not authorize the Respondent for use of the “MultiHOST” trademark. The Respondent did not submit any response or evidence to the contrary that it has legitimate interest for usage of the “MultiHOST” trademark. Therefore, it is understood that the Respondent does not have any right or legitimate interest over the disputed 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 Respondent

Even though the Claimant has in their complaint that the disputed domain name resolves to the commercial website for game hosting servers and the function of the website is strictly commercial, and that the evidence was annexed, the complaint did not have relevant annexes (as stated in the complaint) showing the commercial use and bad faith of the Respondent. The Examiner finds that the bad faith of the Respondent is not proven by the Claimant.

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 NOT 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 returned to the control of Respondent:

multihost.pro

Ahmet Akguloglu
Examiner
Dated: November 2, 2016

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