national arbitration forum

URS FINAL DETERMINATION

 

Dana Limited v. FleetTruckParts.com et al.

Claim Number: FA1501001598840

 

DOMAIN NAMES

<dana.parts><spicer.parts>

 

PARTIES

Complainant: Dana Limited of Maumee, Ohio, United States of America.

Complainant Representative: Marshall & Melhorn, LLC of Toledo, Ohio, United States of America.

 

Respondent: FleetTruckParts.com of Blue Island, Illinois, United States of America.

 

FleetTruckParts.com of Blue Island, Illinois, United States of America.

Complainant Representative: Saper Law Offices of Chicago, Illinois, United States of America.

 

FleetTruckParts.com of Blue Island, Illinois, US.

Complainant Representative: Daliah Saper of , United States of America.

 

FleetTruckParts.com of Blue Island, US.

 

REGISTRIES and REGISTRARS

Registries: Sea Goodbye, LLC

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.

 

Anne M. Wallace, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: January 8, 2015

Commencement: January 9, 2015     

Response Date: January 29, 2015

 

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") .

 

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

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, each of the following three elements to obtain an order that a domain name should be suspended.

Based on Complainant’s submission, there is no question the disputed domain names,

<dana.parts> and <spicer.parts> are confusingly similar to Complainant’s registered DANA and SPICER marks. Complainant has provided clear and convincing evidence to establish this element.

However, Complainant has not established through clear and convincing evidence that Respondent has no legitimate right or interest to the disputed domain names. Furthermore, Respondent has raised questions about legitimate or fair use of the disputed domain names for the sale of second hand parts. These issues would more properly be determined through the UDRP or through a court process. These issues are not appropriate for determination under the URS.

Likewise, Complainant has not established through clear and convincing evidence that Respondent registered and is using the disputed domain names in bad faith as defined in the URS. Furthermore, Respondent has raised questions with respect to the bad faith element that would more properly be determined through the UDRP or through a court process. These issues are not appropriate for determination under the URS.

 

FINDING OF ABUSE  or MATERIAL FALSEHOOD

There is no allegation, nor is there any evidence the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

 

DETERMINATION

After reviewing the parties’ submissions, I hereby determine that the following domain names should be dismissed without any findings and that said domain names be returned to the control of the Respondent:

<dana.parts>

<spicer.parts>

 

 

The relief requested is denied. This URS proceeding is terminated without prejudice to the Complainant to proceed with an action in court of competent jurisdiction or under the UDRP.

 

Anne M. Wallace, Examiner

Dated:  February 4, 2015