URS DEFAULT DETERMINATION
Milhaus Development LLC v. Contact Privacy Inc. Customer 124756585
Claim Number: FA1608001690633
DOMAIN NAME
<mil.haus>
PARTIES
Complainant: Milhaus Development LLC of Indianapolis, IN, United States of America | |
Complainant Representative: Stephen M Werner of Indianapolis, IN, United States of America
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Respondent: Christian Rocha of USA | |
REGISTRIES and REGISTRARS
Registries: HAUS Registry | |
Registrars: Google Inc. |
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. | |
Kendall C. Reed, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: August 23, 2016 | |
Commencement: August 24, 2016 | |
Default Date: September 8, 2016 | |
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 facts as asserted with respect to bad faith do not rise to the level of "clear and convincing" under the URS proceedure. |
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: [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.
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:
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:
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Kendall C. Reed Examiner
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