URS DEFAULT DETERMINATION

 

Facebook, Inc. v. zhang guo jie

Claim Number: FA1703001721088

 

DOMAIN NAME

<facesbook.top>

 

PARTIES

Complainant:  Facebook, Inc. of Menlo Park, California, United States of America.

Complainant Representative: Hogan Lovells (Paris) LLP of Paris, France.

 

Respondent:  zhang guo jie of pu tian pu tian shi, FJ, International, CN.

Respondent Representative:  none

 

REGISTRIES and REGISTRARS

Registries:  Jiangsu Bangning Science & Technology Co.,Ltd.

Registrars:  Chengdu West Dimension Digital Technology Co., Ltd.

 

EXAMINER

The undersigned certifies that he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Examiner in this proceeding.

 

Honorable Charles K. McCotter, Jr. (Ret.), as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: March 10, 2017

Commencement: March 13, 2017   

Default Date: March 28, 2017

 

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

The Complainant, Facebook, Inc., is a leading provider of online social networking services worldwide. Facebook has registered trademark rights in the term FACEBOOK in many jurisdictions around the world, including China. The <facesbook.top> domain name consists of a misspelling of the Complainant's trademark under the .top extension, as there is an "s" between "face" and "book".

 

The Respondent has no rights or legitimate interests in the <facesbook.top> domain name. The Complainant has not authorized the Respondent to make any use of its trademark and he is not commonly known by the domain name. The Respondent is not making a bona fide offering of goods or services or a legitimate non-commercial or fair use of the domain name as it is not resolving.

 

Respondent registered and uses the <facesbook.top> domain name in bad faith. It is inconceivable that the Respondent would not have been aware of the Complainant's rights at the time of registration in 2016. The Respondent registered the domain name to prevent the Complainant from using its trademark in a corresponding domain name and Respondent has engaged in a pattern of such conduct.

 

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.

 

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

 

IDENTICAL OR CONFUSINGLY SIMILAR

The <facesbook.top> domain name is confusingly similar to Complainant’s FACEBOOK mark under URS Procedure 1.2.6.1(i).

 

RIGHTS OR LEGITIMATE INTERESTS

Respondent has no legitimate right or interest to the domain name under URS Procedure 1.2.6.2.

 

REGISTRATION AND USE IN BAD FAITH

The <facesbook.top> domain name was registered and is being used in bad faith under URS Procedure 1.2.6.3.

 

DETERMINATION

After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.

            <facesbook.top>

Honorable Charles K. McCotter Jr., (Ret.), Examiner

Dated:  March 28, 2017