usRS DEFAULT DETERMINATION

Fiji Water Company Pte. Ltd. v. Goldengate Design
Claim Number: FA2110001968335

DOMAIN NAME

<fijibwaterdecal.us>

PARTIES

	Complainant: Fiji Water Company Pte. Ltd. of Los Angeles, CA, United States of America
	Complainant Representative: Roll Law Group PC Daniel L Rogna of Los Angeles, CA, United States of America

	Respondent: Goldengate Design of GeorgeTown, TX, US

REGISTRIES and REGISTRARS

	Registries: NeuStar
	Registrars: NameSilo, 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.
	Jeffrey M. Samuels, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 8, 2021
	Commencement: October 13, 2021
	Default Date: October 28, 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

Findings of Fact: Complainant is the owner of U.S. Trademark Registration No 2703620 for the mark FIJI, as used for over 20 years in connection with water. As alleged by Complainant, the disputed domain name, fijiwaterdecal.us, is used to promote the sale of FIJI water products in an effort to confuse consumers into believing the program advertised on the website is associated or sponsored by Complainant. According to Complainant, Respondent has registered multiple domain names including the FIJI mark to further its improper purpose.

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:
  (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

The Examiner determines that the disputed domain name is confusingly similar to the FIJI mark, for which Complainant holds a valid national (U.S.) registration and which is in current use by Complainant. The disputed domain name incorporates in full the FIJI mark, adding only non-distinctive generic matter, including the term "water," the very product on which Complainant uses its FIJI mark. Further, Complainant has presented evidence of its ownership of U.S. Trademark Registration No. 2703620 and of its current use of the mark.

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

Determined: Finding for Complainant

The evidence indicates that the disputed domain name is used in connection with a website at which FIJI water products are offered for sale. Complainant asserts, and there is no argument or evidence to the contrary, that "Registrant is using the Domain to further a scam advertising program that is not initiated by Fiji Water with the sole purpose to deceive people into participating in the program and thereby incurring potential financial loss."

[usRS 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

The Examiner finds that the disputed domain name was registered and is being used in bad faith. As a result of its use of the disputed domain name, which is confusingly similar to Complainant's FIJI mark, Registrant has intentionally attempted to attract for commercial gain Internet users to its website by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of such site. Not only does the domain name incorporate in full Complainant's FIJI mark but it is also used in connection with a website that advertises the very product, i.e., water, on which Complainant' uses its FIJI mark. The Examiner further notes that Respondent has apparently used multiple domain names that include the FIJI mark in order to further its advertising scam.

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 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:

fijibwaterdecal.us


	Jeffrey M. Samuels, Examiner Dated: October 29, 2021

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