NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
Allianz SE v. Michael Kinsey
Claim Number: FA1404001555619
DOMAIN NAME
<allianz.uno>
PARTIES
Complainant: Allianz SE of Munich, Germany | |
Complainant Representative: Allianz SE
Tobias Unterguggenberger of Munich, Germany
|
Respondent: Michael Kinsey of Cypress, TX, United States | |
REGISTRIES and REGISTRARS
Registries: UNO Registry | |
Registrars: GoDaddy.com, 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. | |
Sandra J. Franklin, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: April 24, 2014 | |
Commencement: April 25, 2014 | |
Default Date: May 12, 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] |
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 The Examiner finds that Complainant has established its rights in the ALLIANZ mark under URS Procedure 1.2.6.1(i) by providing evidence of registration of the mark and current use of the mark. The Examiner finds that the domain name <allianz.uno> is identical to Complainant’s mark, but for the necessary addition of the TLD “.uno.” [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Examiner finds that Registrant is not authorized to use Complainant’s ALLIANZ mark, is not commonly known by the <allianz.uno> domain name, and is using the domain name to offer it for sale. Thus, the Examiner finds that Registrant has no legitimate right or interest in the <allianz.uno> domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The Examiner finds that Complainant has established Registrant’s bad faith under URS Procedure 1.2.6.3.a. by showing that the <allianz.uno> domain name is being used to offer the domain name for sale. 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 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:
|
Sandra J. Franklin Examiner
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