usRS DEFAULT DETERMINATION

INTERCERT INC v. Intercert
Claim Number: FA2208002007805

DOMAIN NAME

<intercert.us>

PARTIES

	Complainant: INTERCERT INC Sanjay Sharma of The Woodlands, TX, United States of America

	Respondent: Intercert Rachman Rachman of Kab. Bogor, Jawa Barat, II, ID

REGISTRIES and REGISTRARS

	Registries: NeuStar
	Registrars: PDR Ltd. d/b/a PublicDomainRegistry.com

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.
	Kendall C. Reed, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: August 10, 2022
	Commencement: August 11, 2022
	Default Date: August 26, 2022
	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: Not applicable
		Multiple Respondents: Not applicable

Findings of Fact: [OptionalComment]

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

Complainant has demonstrated a USPTO registration for the mark INTERCERT and demonstrated use thereof.

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

Determined: Finding for Respondent

Complainant has failed to address this element as has provided no evidence from which would support a finding in Complaints favor.

[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 Respondent

Complainant has failed to address this issue and has failed to provid any evidence, clear and convincing or otherwise, which would support a finding in Complainant's favor. Complainant's argument that the Disputed Domain Name infringes Complainant's trademark is off point, as such is not the standard in this URS administrative action.

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 NOT 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 returned to the control of Respondent:

intercert.us


	Kendall C. Reed, Examiner Dated: August 28, 2022

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