URS DEFAULT DETERMINATION

Nucor Corporation v. et al.
Claim Number: FA1910001864951

DOMAIN NAME

<nucor.dev>

PARTIES

	Complainant: Nucor Corporation of Charlotte, NC, United States of America
	Complainant Representative: Moore & Van Allen PLLC Minnie Kim of Charlotte, NC, United States of America

	Respondent: Contact Privacy Inc. Customer 1244926159 of Toronto, ON, CA

REGISTRIES and REGISTRARS

	Registries: Charleston Road Registry Inc.
	Registrars:

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.
	Hector Ariel Manoff, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 1, 2019
	Commencement: October 2, 2019
	Default Date: October 17, 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").

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

Findings of Fact: Nucor Corporation ("Nucor") is a public Fortune 500 company. Nucor is the owner of U.S. Trademark Registration No. 2,320,054 for the mark NUCOR, which has been according incontestable status by the U.S. Patent and Trademark Office. In addition to the NUCOR mark, Nucor owns a number of federal registrations for other NUCOR-formative trademarks, such as U.S. Trademark Registration No. 1,126,981 for the mark NUCOR STEEL, and U.S. Trademark Registration No. 3,963,302 for the mark NUCOR VISE LOCK. In addition to its NUCOR and NUCOR-formative marks, Nucor owns the nucor.com domain name, as well as several other domain names that incorporate the NUCOR mark, such as nucorskyline.com and nucoryamato.com.

Even though the Respondent has defaulted, URS 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.

[URS 1.2.6.1] The registered domain name(s) is/are 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.

Determined: Finding for Complainant

The disputed domain name <nucor.dev> is identical to Complainantï¿½s registered NUCOR mark. It combines the mentioned Trademark with the addition of the generic top level domain ï¿½.devï¿½, indicating the purpose of offering NUCOR products. Examiner finds that the disputed domain name is confusingly similar to the Complainantï¿½s trademark registrations and that Complainant has complied with URS 1.2.6.1 by demonstrating that the disputed domain name is confusingly similar to a mark for which the Complainant holds a valid national registration which is in current use.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Complainant has not authorized Respondent to use its registered trademark NUCOR. Complainant has not licensed or permitted Respondent to use the NUCOR Marks or to apply for any Domain Name incorporating the NUCOR Marks. Respondent has not filed a response to this complaint and consequently no evidence was submitted to prove that he is commonly known as NUCOR. Consequently, there is no evidence about rights or legitimate interest in NUCOR and the disputed domain name, or evidence about a fair use either. The Examiner finds that the requirements set forth by URS 1.2.6.2 have been also met.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

Since Complainantï¿½s famous trademarks are prior to the disputed domain nameï¿½s registration, Examiner concludes that the registration of the disputed domain name was made on bad faith. Regarding the use of the domain name, it is designed to attract users to its website where it impersonates Complainant. Customers can apparently buy NUCOR products in Respondentï¿½s website.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

After reviewing the parties submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

nucor.dev

Hector Ariel Manoff
Examiner
Dated: October 18, 2019

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