Bloomberg just lost a Uniform Rapid Suspension (URS) on the new gTLD domain name Bloomberg.Site which is owned by someone in China.
The URS was not answered by the domain holder.
The Examiner Terry F. Peppard found that Bloomberg holds a valid national registration for the trademark and service mark BLOOMBERG, on file with the United States Patent and Trademark Office as Registry and that the domain name bloomberg.site is confusingly similar to Complainant’s BLOOMBERG mark.
The Complaint is, however, devoid of any allegations or proof of facts tending to show, even prima facie, either that Respondent has no right to or legitimate interest in the bloomberg.site domain name, or that the domain name was registered and is being used by Respondent in bad faith.
Accordingly, on the record before us, we cannot conclude that Respondent has no right to or legitimate interest in the domain name or that the domain name was registered and is being used by Respondent in bad faith.
Upon review of Complainant’s submissions, the Examiner determines that Complainant has failed to demonstrate all three required elements of the URS by clear and convincing evidence. It is therefore Ordered that the challenged domain name bloomberg.site be RETURNED to the control of Respondent.
Bloomberg should have filed a UDRP.
The URS which only gets a domain suspended for the balance of the registration is just a poor substitute for a UDRP.