NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION


Kabushiki Kaisha Fast Retailing, dba Fast Retailing Co., Ltd. v. Ben Hindman
Claim Number: FA1407001570450


DOMAIN NAME

<uniqlo.events>


PARTIES


   Complainant: Kabushiki Kaisha Fast Retailing, dba Fast Retailing Co., Ltd. of Yamaguchi, Japan
  
Complainant Representative: William J Seiter of Santa Monica, CA, United States of America

   Respondent: Ben Hindman of New York, NY, US
  

REGISTRIES and REGISTRARS


   Registries: Pioneer Maple, LLC
   Registrars: Uniregistrar Corp

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 J. Steele Esq., as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: July 18, 2014
   Commencement: July 18, 2014
   Default Date: August 4, 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:
  (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 owns numerous valid trademark registrations of national effect for its UNIQLO mark. Complainant is currently using its UNIQLO mark in connection with the goods and services recited in the trademark registrations. These registrations and use evidence Complainant's rights for the purposes of the URS Policy. [URS 1.2.6.1(i)]. Further, the mark UNIQLO is a coined term. The subject domain name, uniqlo.events, is identical to Complainant's trademark "UNIQLO" for the purposes of the URS.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Respondent is not commonly known by the disputed domain name. Respondent is not making any bona fide offering of goods or services, or making a legitimate noncommercial or fair use of the disputed domain name. Respondent has not submitted any credible evidence that Respondent plans to use the disputed domain name for a bona fide offering of goods or services. The domain name currently resolves to the Uniregistry whois webpage. No fair use of the domain name is made on this webpage by Respondent.


[URS 1.2.6.3] 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 


Respondent registered and is using the subject domain name in bad faith. Respondent registered the subject domain name despite receiving notification that the domain name matched a trademark registered with the Trademark Clearinghouse.


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:


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

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:

  1. uniqlo.events

 

David J. Steele Esq.
Examiner
Dated: August 5, 2014

 

 

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