NATIONAL ARBITRATION FORUM
usRS FINAL DETERMINATION

California Milk Processor Board v. Stephanie Hicks
Claim Number: FA1703001724804

DOMAIN NAME

<gotgoatmilk.us>

PARTIES

	Complainant: California Milk Processor Board of San Clemente, CA, United States of America
	Complainant Representative: Stephen J Byers of Gold River, CA, United States of America

	Respondent: Double G Ranch LLC Stephanie L Hicks of Sweetwater, United States of America

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.
	David J. Steele Esq., as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: March 31, 2017
	Commencement: April 3, 2017
	Response Date: April 4, 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: I have reviewed Complainant's complaint and Respondent's response. Respondent's response was comprised of simply denying each allegation with "Deny."

usRS 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.

[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

The insertion of the word "goat" within Complainant's GOT MILK mark does not negate a finding that the domain name is confusingly similar to the mark.

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

Determined: Finding for Complainant

Respondent's commercial use of the domain name is not a bona fide use which conveys any legitimate right or interest to the domain name under the policy.

[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

Respondent is attempting to trade on the good will of Complainant's GOT MILK mark for its own commercial gain.

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 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:

gotgoatmilk.us


	David J. Steele Esq., Examiner Dated: April 4, 2017

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page