NATIONAL ARBITRATION FORUM
usRS DEFAULT DETERMINATION
Moncler S.P.A. v. newbeta
Claim Number: FA1701001713273
DOMAIN NAME
<monclervipstore.us>
<moncleroutwear.us>
PARTIES
Complainant: Moncler S.P.A. of Milano, Italy | |
Complainant Representative: The GigaLaw Firm, Douglas M Isenberg, Attorney at Law, LLC
Douglas M Isenberg of Atlanta, GA, United States of America
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Respondent: newbeta Trani Johanna of Shanghai, II, United Kingdom | |
REGISTRIES and REGISTRARS
Registries: NeuStar | |
Registrars: GODADDY.COM, INC. |
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. | |
Sandra J. Franklin, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: January 19, 2017 | |
Commencement: January 20, 2017 | |
Default Date: February 6, 2017 | |
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
Findings of Fact: [OptionalComment] |
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: Determined: Finding for Complainant Complainant prevails under URS1.2.6.1.(i). [usRS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Respondent is using the disputed domain names to sell counterfeit goods.
[usRS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant prevails under URS 1.2.6.3.c. and d. 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:
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:
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Sandra J. Franklin, Examiner
Dated: February 6, 2017 |
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