Comme des Garcons, Ltd. et al. v. hao chen et al.
Claim Number: FA2108001960107




   Complainant: Comme des Garcons Co., Ltd. of Tokyo, Japan
Complainant Representative: McCue Sussmane Zapfel & Cohen P.C. Kenneth Sussmane of New York, NY, United States of America

   Respondent: hao chen of Putian, II, cn


   Registries: NeuStar
   Registrars:, LLC


   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.
   Darryl C. Wilson, as Examiner


   Complainant Submitted: August 18, 2021
   Commencement: August 26, 2021
   Default Date: September 10, 2021
   Having reviewed the communications records, the Examiner finds that the National Arbitration 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.


   Procedural Findings:  
      Multiple Complainants: N/A
      Multiple Respondents: N/A

   Findings of Fact: The domain name was registered on July 2, 2021 by a Chinese individual, Hao Chen, who does not work for or have any connection with Complainants. The website purports to sell shoes brandishing the Comme des Garcons name and famous PLAY trademark (website and Hao Chen referred to collectively as "Respondents"). Complainants have received complaints from Complainants’ customers stating that they ordered goods from Respondents and did not receive the merchandise. This is direct evidence of consumer confusion which dilutes and tarnishes the Complainants’ brand and good will. The address on the website, 2446 Cohasset Road, Chico California, does not exist. Neighboring businesses have received several complaints regarding shoes that were never delivered. Respondents are either selling counterfeit products or engaging in a fraudulent scheme to take orders and never ship the goods.


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.

[usRS] 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 usRS complaint is filed.

Determined: Finding for Complainant 

Complainants own a portfolio of trademarks consisting of dozens of international and U.S. registrations that cover clothing, shoes, cosmetics, fragrances and other products. The official website for Complainants is Respondents are purporting to sell shoes bearing Complainants’ famous PLAY trademark using Complainants two registered trademarks­ “PLAY COMME des GARCONS (with a small 5 point star design) and the famous heart design. Respondents’ domain name is ‘’ It is identical to the Comme des Garcons brand name and Complainants official website domain as well as confusingly similar to Complainants registered trademarks, only adding the us cctld.

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

Determined: Finding for Complainant 

Complainant has not authorized Respondents use of its registered marks or domain names and Respondent has not presented any evidence that it has any legitimate right or interest to the disputed domain name.

[usRS] 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 

Respondent has violated URS (c) and (d) Respondents are: (1) engaged in fraudulent and deceptive practices (2) infringing the intellectual property rights of Complainants; and (3) impersonating Complainants without their express written consent and in violation of applicable unfair competition law under the usTLD Acceptable Use Policy.


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:

  1. The Complaint was neither abusive nor contained material falsehoods. 

There was no evidence of abuse or falsehoods presented regarding the Complaint nor was any patently recognizable.


After reviewing the parties 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 name(s) be SUSPENDED for the duration of the registration:


Darryl C. Wilson, Examiner
Dated: September 14, 2021



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