SANMINA CORPORATION v. Selim Altin
Claim Number: FA1406001564568
Complainant: SANMINA CORPORATION of San Jose, California, United States of America.
Complainant Representative: LOZA & LOZA, LLP of Upland, California, United States of America.
Respondent: selim altin of istanbul, Unknown, Turkey.
Complainant Representative: selim altin of istanbul, Turkey.
Domains By Proxy, LLC of Scottsdale, Arizona, US.
Selim Altin of Istanbul, Eyup, Turkey.
REGISTRIES and REGISTRARS
Registries: Auburn Falls
Registrars: GoDaddy.com, LLC
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.
Bruce E. O'Connor, as Examiner.
Complainant submitted: June 13, 2014
Commencement: June 16, 2014
Response Date: June 23, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is the owner of U.S. Trademark Registration No. 1,690,547 issued June 2, 1992, which protects the trademark SCI (the "Trademark") for "manufacturing of electrical, electronic, electromechanical and mechanical products to the order and specification of others", and "design and development of electrical, electronic, electromechanical and mechanical products for others."
Complainant uses the Trademark at a website, in conjunction with the use of the trade and corporate name "SCI Technology, Inc.", that discusses the company's design, manufacture, qualification, and support of military and commercial aviation, ground technical and other defense applications, and industrial and space flight programs.
Respondent uses the registered domain name at a website, in conjunction with the trademark SCI.TECHNOLOGY, that includes links to articles pertinent to science and technology topics.
Respondent
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:
that the registered domain name is 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; of (ii) that has been validated through court proceedings; or that (iii) that is specifically protected by a statute or treaty in effect at the time the URS complainant is filed
that the Registrant has no legitimate right or interest in the domain name
that the domain (name) was registered and is being used in bad faith.
Complainant's showings demonstrate that there is no genuine issue of material fact regarding the first element of the URS. The disputed domain name includes the entirety of the Trademark and the non-distinctive, generic gTLD "technology." Registrant's defense, that it has a right to use the generic terms "sci" and "technology" in conjunction with science and technology topics, is not relevant given Complainant's trademark registration and proof of use of the Trademark.
Registrant has not explained why it registered and used the domain name and has submitted no defense specifically directed to Complainant's contentions regarding the second and third elements of the URS.
There is no genuine issue of material fact regarding the second element of the URS.
Registrant's defense of the use of the combination of two generic terms in the disputed domain name must fail because one of those terms, "sci", is not a generic term but rather the Trademark. What is telling as to Registrant's knowledge and intent is the combination of "sci" and "technology" in an order that mimics Complainant's trade and corporate name "SCI Technology, Inc." Registrant also uses the domain name as a commercial trademark at its website. And, Registrant does not allege any legitimate or fair use of the domain name. The Examiner must conclude that Registrant is intentionally attracting for commercial gain Internet users to Registrant's web site by creating a likelihood of confusion with the Trademark.
Thus there is no genuine issue of material fact regarding the third element of the URS.
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 names be SUSPENDED for the duration of the registration.
<sci.technology>.
Bruce E. O'Connor, Examiner
Dated: June 23, 2014
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