NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION


Anheuser-Busch, LLC v. yoyo.email et al.
Claim Number: FA1407001571472


DOMAIN NAME

<budlight.email>


PARTIES


   Complainant: Anheuser-Busch, LLC of St. Louis, MO, United States of America
  
Complainant Representative: Husch Blackwell LLP Michelle W. Alvey of St. Louis, MO, United States of America

   Respondent: yoyo.email Giovanni Laporta of Dunsatble, II, United Kingdom
  

REGISTRIES and REGISTRARS


   Registries: Spring Madison, LLC
   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.
   Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 24, 2014
   Commencement: July 24, 2014
   Response Date: August 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").

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: [OptionalComment]

  

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant 


URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, 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: (i) for which the Complainant holds a valid national or regional registration and that is in current use; or (ii) that has been validated through court proceedings; or (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed. Determined: Finding for Complainant Complainant prevailed on (i) in that the Complainant holds a valid national or regional registration and that is in current use.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Respondent contends that it has made demonstrable preparations to use the domain names for a bona fide offering of goods and services. Respondent is developing a new email directory and courier service that will record the sending and receipt of emails. Respondent contends that its proposed use of the disputed domain name is a fair use, as it does not intend to use the domain names as trademarks, but as email address. Respondent's defense that he needed to use the name for an email service does not constitute a legitimate right or interest, and therefore is not a valid defense.


[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant 


Under the URS Procedure, essentially the same considerations that make it clear that Registrant has no rights to or legitimate interests in the contested domain names are also pertinent to an analysis of whether the domain names have been registered and are being used in bad faith. See URS Procedure ¶ 1.2.6.3 a.-d. and ¶ 5.7. A finding of bad faith in the registration and use of the domain names therefore follows directly from the above discussion of the absence of any rights or legitimate interests accruing to Registrant from the facts presented in the Complaint and Response filed in this proceeding.


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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. budlight.email

 


Ho-Hyun Nahm
Examiner
Dated: August 9, 2014

 

 

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