NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
Aeropostale Procurement Company, Inc. v. registration private @ Domains By Proxy, LLC
Claim Number: FA1402001543989
DOMAIN NAME
<aeropostale.clothing>
PARTIES
Complainant: Aeropostale Procurement Company, Inc. of New York, NY, United States of America | |
Complainant Representative: Katten Muchin Rosenman LLP
Jessica M Garrett of New York, NY, United States of America
|
Respondent: yonathan valles of Pasadena, TX, US | |
REGISTRIES and REGISTRARS
Registries: Steel Lake, 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. | |
Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: February 17, 2014 | |
Commencement: February 17, 2014 | |
Default Date: March 4, 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
Procedural Findings: | ||
Multiple Complainants: This proceeding features a sole Complainant regarding the single domain name aeropostale.clothing. No domain names are dismissed from this complaint. | ||
Multiple Respondents: This proceeding appears to feature a sole Respondent regarding the single domain name aeropostale.clothing. No domain names are dismissed from this complaint. |
Findings of Fact: Complainant is Aeropostale Procurement Company, Inc. Complainant provides evidence of numerous USA trademark registrations and asserts the following regarding the Respondent; 1. The registered domain name(s) is/are identical or confusingly similar to a word or mark [URS 1.2.6.1]: for which the Complainant holds a valid national or regional registration and that is in current use 2. Registrant has no legitimate right or interest to the domain name [URS 1.2.6.2] 3. The domain name(s) was/were registered and are being used in bad faith [URS 1.2.6.3] such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online 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. |
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: Determined: Finding for Complainant Complainant has met its burden by providing evidence of registration per URS 1.2.6.1 (i). [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has met its burden. Respondent provided no response to the complaint.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant has met its burden. Complainant has made assertions regarding Respondent relative to URS 1.2.6.3 (d). Respondent provided no response to the complaint. 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:
Complainant has met its burden. The Complainant's assertions were supported with factual evidence. Respondent provided no response to the complaint.
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:
|
Darryl C. Wilson Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page