NISSAN MOTOR CO., LTD. v. Customz et al.

NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION

NISSAN MOTOR CO., LTD. v. Customz et al.
Claim Number: FA1412001593526

DOMAIN NAME

<nissan.international>

PARTIES

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

	Respondent: Customz Steven McDaniel of Brookfield, WI, United States of America

REGISTRIES and REGISTRARS

	Registries: Wild Way, 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
	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: 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.international> is identical to NISSAN's registered "NISSAN" trademarks. The Complainant has never licensed nor authorized the Respondent for use of "nissan.international" and "NISSAN" trademark. The domain name <nissan.international> was registered on April/25/2014 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 filed a reply on 12/19/2014 alleging that they have not made any attempt to profit from this domain name, and have no intentions of using it a manner harmful to the Complainant, however by retaining ownership of the domain name under review, the Respondent, who has no legitimate interest to the domain name <nissan.international>, maintain their ability to acquire undue profit from that domain name at any time. The Respondent further asserts that they contacted the Complainant’s representative/s and did not receive a response regarding the matter, however they did not provide any evidence to that end. Lastly the Respondent expressed their willingness to relinquish ownership of the domain name, however by reviewing the relevant WHOIS records, up until the date of the present determination, it is clear that this has not yet been done.

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

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/current 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.
  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.b] The domain name was registered and is being used in bad faith since the Respondent/current 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 and there is clear and convincing evidence that the Respondent/current Registrant has engaged in a pattern of such conduct.

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:

The Complaint was neither abusive nor contained material falsehoods.

The complaint submitted was not found to be filed in abuse nor it 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:

nissan.international

Eleni Lappa
Examiner
Dated: December 23, 2014

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