Ballet Makers, Inc. v. Yasutaka Sakatani / ThinKraft, Inc
Claim Number: FA1905001844823
Complainant: Ballet Makers, Inc. of Totowa, New Jersey, United States of America.
Complainant Representative: Laubscher & Laubscher, P.C. of Annapolis, Maryland, United States of America.
Respondent: Yasutaka Sakatani / ThinKraft, Inc. of Tokyo city, International, JP.
REGISTRIES and REGISTRARS
Registries: GMO Registry, Inc.
Registrars: GMO Internet, Inc. d/b/a Onamae.com
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.
Peter Müller, as Examiner.
Complainant submitted: May 24, 2019
Commencement: May 29, 2019
Default Date: June 13, 2019
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").
The Complainant requests that the disputed domain name be suspended for the life of the registration.
Clear and convincing evidence.
Even though the Respondent has defaulted, URS Procedure 1.2.6. requires the 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.
[URS 1.2.6.1.] The registered domain name is 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 URS complaint is filed.
The Complainant states that it is the owner of the CAPEZIO trademark and that such trademark is registered in the United States and Japan. The Complainant also alleges that its US trademark registration no. 1,826,413 was assigned to the Complainant and recorded in the U.S. Patent and Trademark Office in 2009. However, the Complainant has not provided evidence with regard to the assignment but only a copy of the US trademark registration no. 1,826,413 which shows UNITED STATES SHOE CORPORATION as owner of the trademark. Therefore, the Examiner has no proof with regard to the Complainant’s allegations.
The Examiner finds that the evidence is not clear and convincing that the Complainant holds a valid national or regional word mark.
[1.2.6.2.] The Registrant has no legitimate right or interest to the disputed domain name.
It is unnecessary to consider this element.
[1.2.6.3.] The disputed domain name was registered and is being used in bad faith.
It is unnecessary to consider this element.
No abuse or material falsehood.
After reviewing the Complainant’s submissions, the Examiner determines that the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be RETURNED to the control of Respondent.
<capezio.shop>
Mr. Peter Müller, Examiner
Dated: June 18, 2019
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