usRS DEFAULT DETERMINATION
Comme des Garcons, Ltd. et al. v. hao chen et al.
Claim Number: FA2108001960107
DOMAIN NAME
<commedesgarcons.us>
PARTIES
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
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Respondent: hao chen of Putian, II, cn | |
REGISTRIES and REGISTRARS
Registries: NeuStar | |
Registrars: GoDaddy.com, LLC |
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. | |
Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
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"). |
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
Procedural Findings: | ||
Multiple Complainants: N/A | ||
Multiple Respondents: N/A |
Findings of Fact: The domain name commedesgarcons.us 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 commdesgarcons.us 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 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: 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 comme-des-garcons.com. 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 ‘commedesgarcons.us.’ 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 1.2.6.2] 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 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Respondent has violated URS 1.2.6.3 (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. 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:
There was no evidence of abuse or falsehoods presented regarding the Complaint nor was any patently recognizable.
DETERMINATION
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:
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Darryl C. Wilson, Examiner
Dated: September 14, 2021 |
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