NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION


NISSAN MOTOR CO., LTD. v. ENAME.GURU INC.
Claim Number: FA1502001602882


DOMAIN NAME

<nissan.wiki>


PARTIES


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

   Respondent: ENAME.GURU INC. DOMAIN ADMINISTRATOR of OCALA, FL, US
  

REGISTRIES and REGISTRARS


   Registries: Top Level Design, LLC
   Registrars: NETIM

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.
   Henrik af Ursin, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: February 1, 2015
   Commencement: February 2, 2015
   Default Date: February 18, 2015
   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


   Procedural Findings:  
      Multiple Complainants: No domain names are dismissed from this complaint.
      Multiple Respondents: No domain names are dismissed from this complaint.

   Findings of Fact: [OptionalComment]

  

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 


The Complainant is the holder of a number of valid national and regional NISSAN trademark registrations, which are in current use. The registered domain name <nissan.wiki>is identical with the said trademarks. The requirements set forth in URS 1.2.6.1 (i) are satisfied.


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

Determined: Finding for Complainant 


The Respondent does not appear to have any rights in the NISSAN trademark nor is the Respondent commonly known by the trademark NISSAN. The word and trademark NISSAN is neither dictionary word nor generic. Use of the said trademark can be considered as referring to the Complainant. The requirement set forth in URS 1.2.6.2 is satisfied.


[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 


The Respondent has registered a domain name that comprises solely of the NISSAN trademark. The Respondent therefore has created a likelihood of confusion between the Complainant's trademarks and the Disputed Domain. NISSAN is a coined word and can be considered as referring to the Complainant. The Respondent is not making any legitimate non-commercial nor fair use of the domain name. The Respondent is not making use of the domain name in connection with any bona fide offering of goods or service. The domain name points to a website with a message "The domain name was registered with NETIM. " Thus, the Examiner concludes that the Complainant has established that the Respondent has registered and used the Disputed Domain in bad faith. The Examiner finds that the Complainant has successfully proved the requirements set forth in URS 1.2.6.3.


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. nissan.wiki

 

Henrik af Ursin
Examiner
Dated: February 22, 2015

 

 

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