NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION
KINGFISHER FRANCE v. Mikhail Polikutin
Claim Number: FA1501001598577
DOMAIN NAME
<castorama.moscow>
PARTIES
Complainant: KINGFISHER FRANCE of Templemars, France | |
Complainant Representative: Cabinet Plasseraud of Paris, France
|
Respondent: Mikhail G Polikutin of Yaroslavl, II, RU | |
REGISTRIES and REGISTRARS
Registries: Foundation for Assistance for Internet Technologies and Infrastructure Development (FAITID) | |
Registrars: RU-CENTER-MSK |
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. | |
David L. Kreider Esq,, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: January 7, 2015 | |
Commencement: January 8, 2015 | |
Default Date: January 23, 2015 | |
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 Complainant is the largest home improvement retailer in Europe, with more than 1,000 stores operating under various brands, including its CASTORAMA brand. Complainant operates 20 Castorama stores in the Russian Federation. The Disputed Domain Name <castorama.moscow> is identical to Complainant's registered CASTORAMA TM. The addition of the '.moscow' geographic TLD is of no legal significance, but serves only to increase confusion, given that Complainant operates five (5) Castorama stores in the Moscow area. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent, the Registrant, Mikhail G. Polikutin, a Russian natural person, is not commonly known by the name CASTORAMA and has been granted no rights to the TM by Complainant. The Disputed Domain Name resolves to a parking website, which offers the Disputed Domain Name for sale. Respondent has defaulted and has failed timely to submit a response in these administrative proceedings.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant's TM was registered and verified in the Trademark Clearinghouse prior to the launch of the '.moscow' TLD and the registration of the Disputed Domain Name by Respondent, and Respondent was on notice of Complainant's rights in and to the TM. CASTORAMA is an arbitrary term. Respondent specifically targeted Complainant, and registered and used the Disputed Domain Name in 'bad faith' and with a view to capitalizing on Complainant's good will and re-selling the domain for unfair financial gain. 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:
|
David L. Kreider Esq, Examiner
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page