KINGFISHER FRANCE v. Mikhail Polikutin
Claim Number: FA1501001598577




   Complainant: KINGFISHER FRANCE of Templemars, France
Complainant Representative: Cabinet Plasseraud of Paris, France

   Respondent: Mikhail G Polikutin of Yaroslavl, II, RU


   Registries: Foundation for Assistance for Internet Technologies and Infrastructure Development (FAITID)
   Registrars: RU-CENTER-MSK


   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


   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").


   Complainant requests that the domain name be suspended for the life of the registration.


   Clear and convincing evidence.


   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] 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 URS complaint is filed.

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 <> 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] 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] 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 

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.


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:

  1. The Complaint was neither abusive nor contained material falsehoods. 


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,
Dated: January 23, 2015



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