Dr. Ing. h.c. F. Porsche AG v. Interactiv Corporation
Claim Number: FA1407001571774
Complainant: Dr. Ing. h.c. F. Porsche AG of Stuttgart, Germany.
Complainant Representative: Lichtenstein, Körner and Partners of Stuttgart, Germany.
Respondent: Interactiv Corporation of San Jose, California, United States of America.
REGISTRIES and REGISTRARS
Registries: United TLD Holdco Ltd.
Registrars: Name.com, Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Honorable Karl V. Fink (Ret.), as Examiner.
Complainant submitted: July 26, 2014
Commencement: July 28, 2014
Response Date: August 14, 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.
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.
1.2.6.1. 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; 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 .usURS complaint is filed.
1.2.6.2. that the Registrant has no legitimate right or interest to the domain name
1.2.6.3. that the domain was registered or is being used in bad faith.
After reviewing the parties’ submissions, the Examiner determines that the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence.
Respondent states its intent is to create a free community to Porsche car enthusiasts and state a disclaimer on every webpage that Respondent is not affiliated to or authorized by the Complainant. The use of “.social” in the domain name, and the screenshot from Respondent’s website are evidence of that intent.
Complainant has not established by clear and convincing evidence that Registrant has no right or interest in the domain name and has not established that the domain was registered or is being used in bad faith.
The Examiner hereby ORDERS the following domain names be RETURNED to the control of Respondent.
Honorable Karl V. Fink (Ret.), Examiner
Dated: August 18, 2014
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