usRS DEFAULT DETERMINATION
The Mosaic Company v. mike mike
Claim Number: FA2111001973670
DOMAIN NAME
<mosaicco.us>
PARTIES
Complainant: The Mosaic Company of Plymouth, MN, United States of America | |
Complainant Representative: Patterson Thuente Pedersen, P.A.
Olajumoke (Jumi) Kassim of Minneapolis, United States of America
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Respondent: mike mike of San marcos, CA, US | |
REGISTRIES and REGISTRARS
Registries: NeuStar | |
Registrars: NameCheap, Inc. |
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: November 17, 2021 | |
Commencement: November 18, 2021 | |
Default Date: December 3, 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 Mosaic was founded in 2004 and since at least October 2004 has used the MOSAIC trademark on fertilizer and animal feed products. Complainant owns U.S. trademark registration No. 3143074 for the MOSAIC mark. The disputed domain name was registered in 2021. |
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 The evidence establishes that Complainant owns a valid national registration for the MOSAIC mark and that the mark is currently in use. The disputed domain name, mosaic code.us is confusingly similar to the MOSAIC mark. The domain name incorporates in fulll the mark, adding only non-distinctive terms. [usRS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant alleges, and there is no evidence to the contrary, that Respondent provided incorrect contact information. Complainant also notes that it has no relationship with Respondent and has not authorized Respondent to use the MOSAIC trademark.
[usRS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant The evidence indicates that Respondent is using the confusingly similar domain name to further a scam employment scheme to defraud job seekers and has used actual job postings of Complainant, including the use of names and likenesses of Complainant’s employees in furtherance of such scheme. 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:
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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Jeffrey M. Samuels, Examiner
Dated: December 3, 2021 |
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