Vogel Paint, Inc. v. US DIAMOND PAINT GROUP INC.
Claim Number: FA1706001736364
Complainant: Vogel Paint, Inc. of Orange City, Iowa, United States of America.
Complainant Representative:
Respondent: US DIAMOND PAINT GROUP INC. of Iowa, Iowa, United States.
REGISTRIES and REGISTRARS
Registries: NeuStar
Registrars: 1API GmbH
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.
Kendall C. Reed, as Examiner.
Complainant submitted: June 19, 2017
Commencement: June 19, 2017
Default Date: July 5, 2017
Having reviewed the communications records, the Examiner finds that the 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
The Examiner finds that this controversy is not appropriate for the usRS procedure and is therefore dismissed.
The reason for this action is that clear and convincing evidence is not presented that supports a finding in the Complainant’s favor on each of the required elements.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has NOT demonstrated all three elements of the usRS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be RETURNED to the control of Respondent:
Kendall C. Reed, Examiner
Dated: July 07, 2017
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