NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION
NISSAN MOTOR CO., LTD. v. Domains By Proxy, LLC et al.
Claim Number: FA1412001593524
DOMAIN NAME
<nissan.email>
PARTIES
Complainant: NISSAN MOTOR CO., LTD. of Yokohama-shi, Japan | |
Respondent: Hanson Capital Management Limited Charles Gillespie of Road Town, II, Virgin Islands, British | |
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. | |
Kendall C. Reed, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: December 4, 2014 | |
Commencement: December 5, 2014 | |
Response Date: December 19, 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: Determined: Finding for Complainant [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Respondent The Respondent holds the domain name as inventory, which is not inherently wrongful and can represent a legitimate interest, provided however that, at a minimum, the intended use would not constitute a bad faith use. As is noted below, Respondent’s intended use is not inevitably a bad faith use.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Respondent Respondent’s stated intended use for the domain name is to offer the same to unrelated third parties who might have the name “Nissan.” This intended use is not necessarily in bad faith, but a determination of this issue is best left for the facts of such a case. It might be different if the Complainant in this matter were able to demonstrate that the Respondent was engaged in a pattern of registering domain names for the purposed of preventing trademark and/or service mark holders from reflecting their respective marks in a corresponding domain name (here, <.email>), but in this matter no such allegation has been made and no supporting evidence has been provided. 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:
|
Kendall C. Reed
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