URS DEFAULT DETERMINATION

Cerner Corporation v. Fulai Chen
Claim Number: FA1610001698981

DOMAIN NAME

<cerner.store>

PARTIES

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

	Respondent: Fulai Chen of Guangzhou, GuangDong, II, CN

REGISTRIES and REGISTRARS

	Registries: DotStore Inc.
	Registrars: Go Daddy, LLC

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.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 19, 2016
	Commencement: October 20, 2016
	Default Date: November 4, 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: N.A.
		Multiple Respondents: N.A.

Findings of Fact: Complainant has accumulated substantial public goodwill and acquired extensive rights in the CERNER® mark, and owns numerous registered trademarks for the mark and related variations thereof. The domain name is confusingly similar to Complainant’s CERNER® mark. Complainant 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

The domain name incorporates the CERNER® mark by adding the top-level domain (“TLD”) “.store.” Respondent’s registration and use of <cerner.store> violates Policy ¶ 1.2.6.1 because it is confusingly similar to Complainant’s CERNER® mark, and is misleading and causes confusion to consumers.

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

Determined: Finding for Complainant

No available evidence suggests that Respondent has ever been commonly known by the domain name. Complainant submits that the domain name at issue is not the nickname of Respondent or in any other way identified with or related to a legitimate interest of Respondent. The WHOIS information demonstrates that Fulai Chen is not commonly known by the domain name. Therefore, pursuant to Policy ¶ 1.2.6.2, Fulai Chen lacks rights and legitimate interests in the domain name. Complainant has not licensed or otherwise permitted Respondent to use Complainant’s mark or to apply for or use any domain name incorporating Complainant’s CERNER® mark.

[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’s attempt to pass off <cerner.store> as being affiliated with Complainant constitutes disruption and bad faith registration and use under Policy ¶ 1.2.6.3.d. Respondent’s domain name resolves to a website which displays a link that offers the purchase of the domain name. It also appears that Respondent registered the domain name to entice Complainant to purchase the domain. Respondent’s use of the domain name disrupts Complainant’s business and diverts Internet users seeking Complainant’s website. Respondent’s use of the domain name is evidence of bad faith registration and use pursuant to Policy ¶ 1.2.6.3.c.

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.

Complainant provided proof of all the required elements and Respondent failed to file an answer in these proceedings.

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.store

Darryl C. Wilson
Examiner
Dated: November 10, 2016

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