usRS DEFAULT DETERMINATION
Meritor, Inc. v. New World
Claim Number: FA2004001892951
DOMAIN NAME
<meritor.us>
PARTIES
Complainant: Meritor, Inc. of Troy, MI, United States of America | |
Complainant Representative: Harry K Meadows of Troy, MI, United States of America
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Respondent: New World of New York, NY, US | |
REGISTRIES and REGISTRARS
Registries: NeuStar | |
Registrars: NameCheap, Inc. |
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: April 20, 2020 | |
Commencement: April 22, 2020 | |
Default Date: May 7, 2020 | |
Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under usRS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the .usTLD 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] |
Even though the Respondent has defaulted, usRS 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.
[usRS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant [usRS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant
[usRS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent used the Disputed Domain Name to attempt financial fraud. Respondent sent instructions to one of Complainant's customers, these instructions directing future payments be made to a new bank. This new bank had no connection with Complainant. These instructions were given by way of emails, and these emails used the Disputed Domain Name as their source. Further, the website to which the Disputed Domain Name directed contained click-through hyperlinks to competitors of Complainant. 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:
DETERMINATION
After reviewing the parties submissions, the Examiner determines that the Complainant
has demonstrated all three elements of the usRS 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:
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Kendall C. Reed, Examiner
Dated: May 8, 2020 |
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