National Australia Bank Limited v. Ayham Batarseh
Claim Number: FA1705001730701
Complainant: National Australia Bank Limited of Melbourne, Australia.
Complainant Representative: National Australia Bank Limited of Perth, Australia.
Respondent: Ayham Batarseh of Blacktown, International, AU.
REGISTRIES and REGISTRARS
Registries: Cotton Cypress, LLC
Registrars: Synergy Wholesale Pty Ltd
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.
Omar Haydar, as Examiner.
Complainant submitted: May 9, 2017
Commencement: May 9, 2017
Default Date: May 24, 2017
Having reviewed the communications records, the Examiner finds that the 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.
The complaint and findings relate to one domain <nab.finance>. There is one Complainant and one (or more) Respondent, and no domain names were dismissed from this complaint.
The Respondent has registered the domain name <nab.finance>.
Complainant, National Australia Bank Limited, is the owner of trademarks including NAB, which it has registered in various jurisdictions since at least 2005, including Australia, where both parties are located.
Complainant has claimed that the domain name in question is identical to their protected word or mark.
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.
1. The registered domain name(s) is/are identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use.
2. Respondent has no legitimate right or interest to the domain name.
3. The domain name(s) was/were registered and are being used in bad faith.
The Examiner finds that Complainant has proven that the domain name is identical through evidence of the trademark registration. The Complainant’s trademark is a well established mark, in use for more than ten years with international use and recognition as a leading national financial institution.
The Examiner further finds that Complainant has proven that Respondent has no legitimate right or interest to the domain name. The Complainant has neither licensed the trademark to the Respondent for use, nor has the Respondent made any claim to a legitimate right or interest to the name, whether by responding to this Complaint or vis-a-vis the content of their website.
The Examiner finds that the evidence proves the domain names were registered and are being used in bad faith. The Examiner finds that the following factors when taken together stand as sufficient evidence of bad faith:
- Claim by the Complainant that Respondent has indicated to them by phone that they were in the business of buying and selling domains, and wanted an offer for the domain, and evidence provided by Complainant supporting the claim that defendant seems to own many similar domains which are likely trademark infringing with no apparent legitimate right to them.
- The domain gives an automatic inference of affiliation to the entity holding the trademark, and would cause confusion amongst internet users into an assumption of an affiliation or relationship. (See Treeforms.com FA0010000095856)
After reviewing the Complainant’s 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.
<nab.finance>
Omar Haydar, Examiner
Dated: May 30, 2017
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