Geoffrey, LLC v. Yang Hui Hong

NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION

Geoffrey, LLC v. Yang Hui Hong
Claim Number: FA1502001606551

DOMAIN NAME

<toysrus.top>

PARTIES

	Complainant: Geoffrey, LLC of Wayne, NJ, United States of America
	Complainant Representative: Blank Rome LLP Megan E Spitz of Philadelphia, PA, United States of America

	Respondent: Yang Hui Hong Yang Hui Hong of Zhang Zhou, FJ, II, cn

REGISTRIES and REGISTRARS

	Registries: Jiangsu Bangning Science & Technology Co.,Ltd.
	Registrars: Chengdu west dimension digital

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.
	Honorable Robert T. Pfeuffer (Ret.), as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: February 24, 2015
	Commencement: February 25, 2015
	Default Date: March 12, 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: 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.
		Multiple Respondents: None are required.

Findings of Fact: No discussion of the facts is required. The Respondent is in default and has not raised any fact issues to be determined.

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 has fully discharged it burden of proof as to each element.

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

Determined: Finding for Complainant

None

[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 domain name(s) was/were registered and is being used in bad faith.

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:

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:

toysrus.top

Honorable Robert T. Pfeuffer (Ret.)
Examiner
Dated: March 15, 2015

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