NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
SPANX, INC. v. farris nawas
Claim Number: FA1404001552547
DOMAIN NAME
<spanx.clothing>
PARTIES
Complainant: SPANX, INC. of ATLANTA, GA, United States of America | |
Complainant Representative: David E. Weslow of Washington, DC, USA
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Respondent: farris nawas of Austin, TX, US | |
REGISTRIES and REGISTRARS
Registries: CLOTHING Registry | |
Registrars: Godaddy 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. | |
Alan L. Limbury, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: April 3, 2014 | |
Commencement: April 7, 2014 | |
Default Date: April 22, 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"). |
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: |
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: Determined: Finding for Complainant Under URS 1.2.6.1(i) the Complainant has shown that it has numerous registrations for the SPANX trademark in respect of clothing, including US registration No. 2,464,430, registered on June 26, 2001 upon application made on July 6, 1999 for hosiery, lingerie, pants, dresses, shirts, shoes and swimwear. The domain name comprises the Complainant's mark in its entirety, together with the gTLD ".clothing". The SPANX mark is very well-known. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant There is no evidence the Respondent is known by the domain name, which resolves to a parking page with links to the Complainant's competitors.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The Complainant has satisfied URS 1.2.6.3 (b) since the Respondent must have known of the Complainant's well-known mark when registering the domain name and the Respondent has registered a vary large number of domain names in the .clothing space comprising other well-known clothing brands. 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 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 SUSPENDED for
the duration of the registration:
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Alan L. Limbury Examiner