CHRISTIAN DIOR COUTURE v. aris koulaidis

Even though the Respondent has defaulted, URS 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.

[URS 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 URS complaint is filed.

Complainant shows to be the holder of valid national and regional registrations in the DIOR trademark and that the trademark is in current use. Examiner finds that the disputed domain name <dior.clothing> is identical to the Complainant’s DIOR Trademark and, although not relevant for a finding under URS 1.2.6.1, that the gTLD refers to the products for which Complainant’s trademark is used. Therefore, Examiner finds that the first element for Complainant to obtain the suspension of a domain name under URS 1.2.6.1 has been proven.

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

Complainant has not authorized Respondent to use its registered DIOR trademark. Respondent has not submitted any evidence to prove that he is commonly known as DIOR or under the disputed domain name. There is no evidence about rights or legitimate interest in DIOR and the disputed domain names, or evidence about a fair use either. Therefore, Examiner finds that the second element for Complainant to obtain the suspension of a domain name under URS 1.2.6.2 has also been proven.

[URS 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.

The passive holding of a domain name can constitute bad faith registration and use, especially when combined with other factors such as the respondent preventing a trademark or service mark holder from reflecting its mark in a corresponding domain name, the failure of the respondent to respond to the complaint, inconceivable good faith use, etc. (See e.g., Telstra Corporation Limited, Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003; Myer Stores Limited v. Mr. David John Singh, WIPO Case No. D2001-0763; Liu.Jo S.p.A. v. Martina Hamsikova, WIPO Case No. D2013-1261). In the present case, Respondent is passively holding the disputed domain name and failed to respond to the complaint in accordance with the Rules. It is inconceivable to this Panel that Respondent was unaware of Complainant and its trademark rights when it registered the disputed domain name which is identical to Complainant’s DIOR trademark. The domain name was registered during the trademark claims period for the .CLOTHING gTLD. Complainant’s trademark was validated by the Trademark Clearinghouse prior to the registration of the dispute disputed domain name. As a result, Respondent must have been given a trademark claims notice of Complainant’s rights in the DIOR trademark. In addition, the disputed domain name is registered in a gTLD (.CLOTHING) which explicitly refers to the business that Complainant is active in. Hence, it is apparent that Respondent had Complainant in mind when registering the disputed domain name and that Respondent registered the domain name either with the purpose of selling it to Complainant or in order to prevent Complainant from reflecting its trademark in a corresponding domain name. Examiner finds that bad faith use by Respondent is conceivable. Therefore, Examiner finds that the third element for Complainant to obtain the suspension of a domain name under URS 1.2.6.3 has been proven.

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS 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:

dior.clothing

	Complainant Submitted: February 28, 2014
	Commencement: March 12, 2014
	Default Date: March 27, 2014
	Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

	Complainant: CHRISTIAN DIOR COUTURE of Paris, France
	Complainant Representative: Marc SABATIER SABATIER M Marc of Paris, France

	Respondent: aris koulaidis of Athens, athens, GR
	Respondent Representative: Katerina Morou of Athens - greece, USA

	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.
	Flip Jan Claude Petillion, as Examiner

	Registries: CLOTHING Registry
	Registrars: Godaddy LLC