usRS DEFAULT DETERMINATION

 

Vogel Paint, Inc. v. US DIAMOND PAINT GROUP INC.

Claim Number: FA1706001736364

 

DOMAIN NAME

<diamondpaint.us>

 

PARTIES

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

 

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.

 

Kendall C. Reed, as Examiner.

 

PROCEDURAL HISTORY

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") .

 

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

 

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.

 

DETERMINATION

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:

<diamondpaint.us>

 

 

 

Kendall C. Reed, Examiner

Dated:  July 07, 2017

 

 

 

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