URS DEFAULT DETERMINATION


Les Editions Albert René v. Hosting Ukraine LLC et al.
Claim Number: FA2501002134273


DOMAIN NAME

   <fr-parcasterix.fun>
 <fr-parcasterix.online>
 <fr-parcasterix.uno>
 <parcasterix.fun>
 <parca-sterix.fun>
 <parcasterix.online>
 <parcasterix.uno>
 <parca-sterix.uno>
 <parcasterix-fr.fun>
 <parcasterix-fr.online>
 <parcasterix-fr.uno>
 <parcasterixs.online>
 <parcasterixs.uno>
 <parcasterixs-fr.fun>
 <parcasterixs-fr.online>
 <parcasterixs-fr.uno>

PARTIES

   Complainant: Les Editions Albert René of VANVES, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: Hosting Ukraine LLC Privacy Protection of Kiev, UA
  

REGISTRIES and REGISTRARS

   Registries: Radix Technologies Inc.
   Registrars: HOSTING UKRAINE LLC,Hosting Ukraine 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.
   Mr. Peter Müller, as Examiner

PROCEDURAL HISTORY

   Complainant Submitted: January 9, 2025
   Commencement: January 9, 2025
   Default Date: January 27, 2025
   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: The Complainant has provided evidence that "LES EDITIONS ALBERT RENE SRL Société à responsabilité limitée" is the registered owner of French trademark registration no. 4827658 "TOUTATIS PARC ASTERIX", registered on April 15, 2022 for goods and services in classes 28, 35, 38, 41, and 43 (hereinafter referred to as the "TOUTATIS PARC ASTERIX Mark"). The Complainant also provided evidence of a French website available at https://www.parcasterix.fr/, which advertises an amusement park called 'parc Asterix Paris', due to open on April 5, 2025. The Complainant did not provide any information or evidence regarding the registration dates of the disputed domain names. The disputed domain names are all used in connection with similar websites advertising an amusement park called 'ParcAsterixs'.

  

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 Respondent 

The Complainant is not identical to the registered trademark owner. Furthermore, the Complainant has not provided any evidence of use of the trademark "TOUTATIS PARC ASTERIX", but only screenshots of a website showing a logo containing the words 'parc Asterix Paris'. Finally, there is no information as to the question whether the Trademark predates the registration dates of the disputed domain names. Given that the URS is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse, the Examiner finds that the Complainant has not satisfied the elements of URS Procedure 1.2.6.1.


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

Determined: Finding for Respondent 

In view of the above, it is not necessary to take a decision in this respect.


[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 

In view of the above, it is not necessary to take a decision in this respect.

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 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:

  1. fr-parcasterix.fun
  2. fr-parcasterix.online
  3. fr-parcasterix.uno
  4. parcasterix.fun
  5. parca-sterix.fun
  6. parcasterix.online
  7. parcasterix.uno
  8. parca-sterix.uno
  9. parcasterix-fr.fun
  10. parcasterix-fr.online
  11. parcasterix-fr.uno
  12. parcasterixs.online
  13. parcasterixs.uno
  14. parcasterixs-fr.fun
  15. parcasterixs-fr.online
  16. parcasterixs-fr.uno


   Mr. Peter Müller
Examiner
Dated: January 28, 2025

 

 

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