usRS DEFAULT DETERMINATION

Wray Ward v. ji mo et al.
Claim Number: FA2204001992649

DOMAIN NAME

<wrayward.us>

PARTIES

	Complainant: Wray Ward Adam Bartimmo of Charlotte, NC, United States of America
	Complainant Representative: Mullen Coughlin LLC Justin M Holmes of Devon, PA, United States of America

	Respondent: ji mo of san marcos, CA, 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.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: April 18, 2022
	Commencement: April 25, 2022
	Default Date: May 10, 2022
	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

	Procedural Findings:
		Multiple Complainants: N.A.
		Multiple Respondents: N.A.

Findings of Fact: The infringing domain at issue is wrayward.us. On January 4, 2021, Wray Ward discovered that an unknown individual purchased the domain www.wrayward.us through Namecheap. An unknown individual also set up fraudulent email addresses associated with this fraudulent domain, careers@wrayward.us. The unknown individual then used the fraudulent email addresses incorporating the fraudulent domain to post fraudulent employment opportunities to defraud potential applicants. Wray Ward has received multiple telephone calls from approximately ten (10) individuals inquiring about fraudulent posts about employment opportunities and from individuals who applied for jobs based on the fraudulent posts.

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:
  (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 usRS complaint is filed.

Determined: Finding for Complainant

Wray Ward is the owner of the service mark Wray Ward and the domain name incorporating the Wray Ward mark: https://www.wrayward.com/. The Wray Ward mark has been in use for approximately 16 years, and is used in association with various goods and products such as advertising services, marketing services, brand architecture, strategic consulting, and related processes.

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

Determined: Finding for Complainant

As part of using the domains to operate a fraudulent employment posts scheme, the unknown individual has been using Wray Ward’s mailing address, has been representing themselves as Wray Ward, and has taken steps to mask the email address so that emails associated with the fraudulent domain appear to be from the legitimate @wrayward.com email address. Respondent has provided no evidence that (s)he is currently known or has ever been known by the disputed domain name.

[usRS 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 Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site 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. As part of using the domains to operate a fraudulent employment posts scheme, the unknown individual has been using Wray Ward’s mailing address, has been representing themselves as Wray Ward, and has taken steps to mask the email address so that emails associated with the fraudulent domain appear to be from the legitimate @wrayward.com email address. Wray Ward has taken steps to investigate and mitigate the situation. Wray Ward examined the registrar information and noted that the registrar information lists a fraudulent email address linked to four other fraudulent email addresses, including a Russian email address.

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.

There was no evidence to support o finding of either of the above nor were any such claims made.

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:

wrayward.us


	Darryl C. Wilson, Examiner Dated: May 13, 2022

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