Virgin Enterprise Limited of London, has lost a Uniform Rapid Suspension (URS) proceeding on the domain name VirginMedia.vip which is owned by Wang Hong Wei of Beijing, China who did not even respond to the URS.
The Examiner Mr. Peter Müller concluded that Virgin failed to provide “a single copy of a trademark certificate or a printout of an official trademark database. Therefore, the Examiner has no proof with regard to the Complainant’s allegations”
“In addition, the Examiner said he was not able to trace a single trademark application or registration in the name of the Complainant “Virgin Enterprise Limited”
So although the Complainant states that it owns rights “in VIRGIN through trade mark registrations and through having had a validated entry made at the Trade Mark Clearinghouse.”, and provided the SMD file related to the Trade Mark Clearinghouse entry for the trademark “VIRGIN MEDIA”. and provided a list of more than 100 trademarks allegedly registered in the name of the Complainant.
“The Examiner found that the evidence is not clear and convincing that the Complainant holds a valid national or regional word mark.”
The Domains
The Examiner Mr. Peter Müller concluded that Virgin failed to provide “a single copy of a trademark certificate or a printout of an official trademark database. Therefore, the Examiner has no proof with regard to the Complainant’s allegations”
“In addition, the Examiner said he was not able to trace a single trademark application or registration in the name of the Complainant “Virgin Enterprise Limited”
So although the Complainant states that it owns rights “in VIRGIN through trade mark registrations and through having had a validated entry made at the Trade Mark Clearinghouse.”, and provided the SMD file related to the Trade Mark Clearinghouse entry for the trademark “VIRGIN MEDIA”. and provided a list of more than 100 trademarks allegedly registered in the name of the Complainant.
“The Examiner found that the evidence is not clear and convincing that the Complainant holds a valid national or regional word mark.”
The Domains
