NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION


SAN MIGUEL, FABRICAS DE CERVEZA Y MALTA, S.A. v. John Dumrique
Claim Number: FA1501001601039


DOMAIN NAME

<sanmiguel.beer>


PARTIES


   Complainant: SAN MIGUEL, FABRICAS DE CERVEZA Y MALTA, S.A. of Barcelona, Spain
  
Complainant Representative: Herrero & Asociados Maria Divi Carne of Madrid, Spain

   Respondent: John Dumrique of Scarborough, ON, CA
  

REGISTRIES and REGISTRARS


   Registries: Top Level Domain Holdings Limited
   Registrars: GoDaddy

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.
   Henrik af Ursin, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: January 21, 2015
   Commencement: January 23, 2015
   Default Date: February 9, 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


   Procedural Findings:  
      Multiple Complainants: No domain names are dismissed from this complaint.
      Multiple Respondents: No domain names are dismissed from this complaint.

   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 


The Complainant is the holder of a number of validly registered SAN MIGUEL trademarks, which are in current use. The registered domain name <sanmiguel.beer> is identical with the said trademarks. The requirements set forth in URS 1.2.6.1 (i) are satisfied


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

Determined: Finding for Complainant 


The Respondent is not commonly known by the term and trademark SAN MIGUEL. The word and trademark SAN MIGUEL is not generic. Use of the said mark can be considered as referring to the Complainant and its trademarks.


[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 


The Respondent has registered a domain name that is comprised solely of the Complainant's trademark and thus, the Respondent has created a likelihood of confusion between the Complainant's trademark and the Disputed Domain. It would appear that the Respondent has registered 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, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name. Thus, the Examiner concludes that the Complainant has established that the Respondent has registered and used the Disputed Domains in bad faith. The Examiner finds that the Complainant has successfully proved the requirements set forth in URS 1.2.6.3 (a).


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. sanmiguel.beer

 

Henrik af Ursin
Examiner
Dated: February 12, 2015

 

 

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