The first Uniform Rapid Suspension decision has been issued.
The case was decided 9 days ago, which was 6 days after the 1st URS was filed on the domain names; ibm.guru and ibm.ventures.
So while the decision was known 9 days ago, the actual decision was just published today so this is the first time we are seeing at how these URS decisions will look:
Complainant: International Business Machines Corporation of Armonk, NY, United States of America
Complainant Representative: CSC Digital Brand Services of Wilmington, DE, United States of America
Respondent: Denis Antipov of Hoboken, NJ, United States of America
REGISTRIES and REGISTRARS
Registries: Pioneer Cypress, LLC,Binky Lake, LLC
Registrars: Godaddy LLC
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
Complainant Submitted: February 5, 2014
Commencement: February 6, 2014
Response Date: February 7, 2014
Having reviewed the communications records, the Examiner finds that the National Arbitration 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”).
Complainant requests that the domain name be suspended for the life of the registration.
STANDARD OF REVIEW
Clear and convincing evidence.
FINDINGS and DISCUSSION
Multiple Complainants: No multiple Complainants are involved in this proceeding. This complaint and findings relate to the domain names and . No domain names are dismissed from this complaint.
Multiple Respondents: Both domain names are using the exact same privacy whois service. It is unclear whether there is one or multiple Respondents. This complaint and findings relate to the domain names and . No domain names are dismissed from this complaint.
Findings of Fact:
Complainant owns trademark registrations in 170 countries and has used the IBM mark to sell IT-related goods and services for one hundred years. Complainant sells a broad range of devices that record, process, communicate, store and retrieve information, including computer hardware and software. In 2011 Complainant was valued at over USD 69 billion. Complainant registered its domain name, on March 19, 1986, which is used to promote Complainantâ€™s goods and services.
Respondent registered the disputed domain name on January 31, 2014 despite receiving notification that the domain names match a mark registered with the Trademark Clearinghouse.…