NATIONAL ARBITRATION FORUM
usRS DEFAULT DETERMINATION

US Securities and Exchange Commission v. EdgarLink et al.
Claim Number: FA1609001692003

DOMAIN NAME

<edgarlink.us>

PARTIES

	Complainant: US Securities and Exchange Commission nelson kuan of washington, DC, United States of America

	Respondent: EdgarLink Chris Clauss of Washington, DC, United States

REGISTRIES and REGISTRARS

	Registries: NeuStar
	Registrars: PDR LTD. D/B/A PUBLICDOMAINREGISTRY.COM

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.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: September 1, 2016
	Commencement: September 2, 2016
	Default Date: September 19, 2016
	Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under usRS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the .usTLD 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: Not applicable.
		Multiple Respondents: Not applicable.

Findings of Fact: Complainant asserts the following; 1. The registered domain name is 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. Registrant has no legitimate right or interest to the domain name. 3. The domain name was registered and is being used in bad faith such as: By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online 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.

Even though the Respondent has defaulted, usRS 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.

[usRS 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 usRS complaint is filed.

Determined: Finding for Complainant

Complainant has met its burden by clear and convincing evidence prevailed on all elements as Complainant is the owner of a valid domestic national registration for the mark which the disputed domain name incorporates in full.

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

Determined: Finding for Complainant

Registrant has not asserted any rights to the disputed domain name or otherwise provided any response to this proceeding upon which a claim of legitimate right or interest can be based.

[usRS 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

Registrant registered and used the disputed domain name in bad faith in accordance with URS 1.2.6.3 (d). By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other online 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.

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.

Complainant is the owner of a valid domestic national registration for the mark which the disputed domain name incorporates in full. Registrant has not asserted any rights to the disputed domain name or otherwise provided any response to this proceeding upon which a claim of legitimate right or interest can be based.

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the usRS 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:

edgarlink.us


	Darryl C. Wilson, Examiner Dated: September 22, 2016

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