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:
  (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 


[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.
  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 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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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:

  1. nissan.email

 


Kendall C. Reed
Examiner
Dated: December 24, 2014

 

 

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