NISSAN MOTOR CO., LTD. v. iDigitalAsset LLC et al.

NISSAN MOTOR CO., LTD. v. iDigitalAsset LLC et al.
Claim Number: FA1412001593538

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

The record makes clear that “the Complainant holds a valid national or regional registration and that [it] is in current use,” and that the registration is identical to the second-level portion of the disputed domain name, as required by paragraph 1.2.6.1 of the URS. Accordingly, Complainant has satisfied the first element of the URS.

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

Determined: Finding for Complainant

Complainant indicates that it has never licensed nor authorized Respondent to use the nissan.today domain name or NISSAN trademark and contends that Respondent is not commonly known by the domain name. Respondent, in his Response, indicates that the domain name is for personal use only, that his family likes Nissan cars, “the best car ever invent[ed] on Earth,” and the domain name is intended to be used in connection with a site to allow the exchange information with other NISSAN owners. However, the Examiner’s visit to the website resolved by the disputed domain name shows that it is automatically forwarded to a website featuring various links which are unrelated to Complainant such as “School”, “Nursing Degree”, “Birthday”, “Yellow pages”, “Business”, etc. The Examiner finds that Respondent’s current “use” is not considered a legitimate information site. Therefore, the Examiner finds that 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

With respect to the issue of bad faith registration and use, Respondent asserts that he does not intend to harm Complainant’s business through use of the disputed domain name and “will do everything to find the solutions for [Complainant’s] concern.” Nevertheless, as noted by Complainant, “it is inconceivable” that Respondent independently adopted the confusingly similar nissan.today domain name. According to Complainant, Respondent must have been notified through the Trademark Clearinghouse system of Nissan’s trademark rights. The Examiner recalls that the disputed domain name is automatically forwarded to a website featuring various links which are unrelated to Complainant such as “School”, “Nursing Degree”, “Birthday”, “Yellow pages”, “Business”, etc. In the circumstances, the Examiner finds Respondent, presumably, earns income each time an Internet user clicks on one of the links found at the website forwarded from the nissan.today domain name. Therefore, the Examiner concludes that, by using the domain name, Respondent intentionally attempted to attract for commercial gain Internet users to his site or other on-line location by creating a likelihood of confusion with Complainant’s NISSAN trademark as to the source, sponsorship, affiliation or endorsement of such sites, within the meaning of paragraph 1.2.6.3 d of the URS system.

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.

Respondent has alleged 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.

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.today

	Complainant Submitted: December 5, 2014
	Commencement: December 5, 2014
	Response Date: December 11, 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").

	Respondent: iDigital Asset LLC Somsak Jinaphan of Fairfax, VA, United States of America

	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

	Registries: Pearl Woods, LLC
	Registrars: Enom