Arkema v. Jack Owens
Claim Number: FA1806001793725
Complainant: Arkema of Colombes, France.
Complainant Representative:
Complainant Representative: Fross Zelnick Lehrman & Zissu, P.C. of New York, New York, United States of America.
Respondent: Jack Owens of CEDAR GROVE, Louisiana, US.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: NeuStar
Registrars: NameCheap, Inc.
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.
Honorable John A. Bender Honorable, as Examiner.
Complainant submitted: June 26, 2018
Commencement: June 27, 2018
Default Date: July 12, 2018
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 adopts the factual representations presented by the Complainant.
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.
1. The domain is confusingly similar to Complainants Registered Marks.
2. Respondent has no legitimate right or interest in the name or Marks.
3. The registrant’s use of the marks including the domain “arkama.us” was in bad faith due to the unrebutted falsity of emails including the arkama.us domain.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration.
1. “arkama.us”
Honorable John A. Bender, Examiner
Dated: July 12, 2018
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