NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION


NISSAN MOTOR CO., LTD. v. Timucin Ersoz
Claim Number: FA1412001593525


DOMAIN NAME

<nissan.expert>


PARTIES


   Complainant: NISSAN MOTOR CO., LTD. of Yokohama-shi, Japan
  

   Respondent: Timucin Ersoz of Izmir, II, TR
  

REGISTRIES and REGISTRARS


   Registries: Magic Pass, 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.
   Eleni Lappa, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: December 4, 2014
   Commencement: December 5, 2014
   Default Date: December 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: The Complainant by clear and convincing evidence submits that it has secured more than 2,000 registrations for "NISSAN" trademarks worldwide. The domain name under examination <nissan.expert> is identical to NISSAN's registered "NISSAN" trademarks. The Complainant has never licensed nor authorized the Respondent for use of "nissan.expert" and "NISSAN" trademark. The domain name <nissan.expert> was registered on May/23/2014 after the launch or the general available period. The Complainant asserts that the Respondent has made no use of the domain name in connection with any bona fide offering of goods or services and is not making legitimate non-commercial nor fair use of this domain name. The Respondent has not filed any response to the Complainant's allegations.

  

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:
  (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 


As per Rule [URS 1.2.6.1.i] the registered domain name is identical to a word mark for which the Complainant holds a valid national or regional registration 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 


As per [URS 1.2.6.2] the Respondent has no legitimate right or interest to the domain name <nissan.expert>.


[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 


As per Rule [URS 1.2.6.3.a] the domain name was registered and is being used in bad faith since the Respondent 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. The Respondent's lack of response does not disprove the above findings.


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. 

The complaint submitted was not found to be filed in abuse nor did it contain 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. nissan.expert

 

Eleni Lappa
Examiner
Dated: December 23, 2014

 

 

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