DECISION

GZO, LLC d/b/a Augusta Mitsubishi v. Jonathan Sanchez

Claim Number: FA1905001843582

PARTIES

Complainant is GZO, LLC d/b/a Augusta Mitsubishi (“Complainant”), represented by Michele A. Ledo, Georgia, USA. Respondent is Jonathan Sanchez (“Respondent”), USA.

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <augustamitsubishiga.com> and <themightydealer.com>, registered with GoDaddy.com, LLC.

PANEL

The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.

John J. Upchurch as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the Forum electronically on May 16, 2019; the Forum received payment on May 16, 2019.

On May 17, 2019, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <augustamitsubishiga.com> and <themightydealer.com> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC has verified that Respondent is bound by the

GoDaddy.com, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).

On May 20, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 10, 2019 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@augustamitsubishiga.com, postmaster@themightydealer.com. Also on May 20, 2019, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.

Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.

On June 14, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed John J. Upchurch as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

PARTIES' CONTENTIONS

Complainant

1. Complainant, GZO, LLC d/b/a Augusta Mitsubishi, uses their marks “Augusta Mitsubishi” and “The Mighty Dealer” in connection with vehicle sales. Complainant asserts Respondent’s <augustamitsubishiga.com>, <themightydealer.com> domain names are identical to Complainant’s marks. Respondent was a former employee tasked to register the disputed domain names on behalf of the Complainant, but instead registered the domain names in its own name.

2. Respondent has no rights or legitimate interests in the <augustamitsubishiga.com>, <themightydealer.com> domain names. Respondent is not commonly known by the disputed domain name as Respondent was a former employee tasked with registering the disputed domain names. Respondent’s use of the disputed domain name does not amount to a bona fide offering of goods or services or a legitimate noncommercial or fair use. Rather, the disputed domain names resolve to parked websites.

3. Respondent registered and is using the <augustamitsubishiga.com> and <themightydealer.com> domain names in bad faith. Complainant attempted to purchase the disputed domain names from Respondent, but Respondent did not respond. Respondent is a former employee of Complainant’s and wrongfully registered the disputed domain names in its own name rather than Complainant’s name. Furthermore, Respondent’s disputed domain names resolve to parked websites; however, Respondent intends to use the disputed domain names to directly compete with Complainant.

Respondent

1. Respondent failed to submit a response in this proceeding.

FINDINGS

Complainant claims rights in the “Augusta Mitsubishi” and “The Mighty Dealer” marks, but makes no specific allegations under Policy ¶ 4(a)(i).

DISCUSSION

There is no information in the record to establish that Complainant has either registered or established common law rights in the disputed marks. Therefore, the Panel concludes that Complainant has not satisfied Policy ¶ 4(a)(i). Consequently, the Panel declines to analyze the other two elements of the Policy. See Netsertive, Inc. v. Ryan Howard / Howard Technologies, Ltd., FA 1721637 (Forum Apr. 17, 2017) (finding that because the complainant must prove all three elements under the Policy, the complainant’s failure to prove one of the elements makes further inquiry into the remaining element unnecessary); see also Wasatch Shutter Design v. Duane Howell / The Blindman, FA 1731056 (Forum June 23, 2017) (deciding not to inquire into the respondent’s rights or legitimate interests or its registration and use in bad faith where the complainant failed to satisfy the requirements of Policy ¶ 4(a)(i)).

DECISION

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.

Accordingly, it is Ordered that the <augustamitsubishiga.com> and <themightydealer.com> domain names REMAIN WITH Respondent.

John J. Upchurch, Panelist

Dated: June 27, 2019