UDRP CASE SUMMARY ARCHIVES - DOMAIN NAME LEGAL DISPUTES

Phillip S. Martin, d/b/a/ Blue Ridge Knives v. Deon Carpenter

[Indexed as: Phillip S. Martin v. Deon Carpenter]
[Indexed as: Blueridgeknives.com]

National Arbitration Forum
Administrative Panel Decision

Forum File FA 0002000094311
Commenced: 16 March 2000
Judgment: 25 April 2000

Presiding Panelist: James A. Carmody

Domain name - Domain name dispute resolution policy - Supplemental Rules - U.S. Trademark - Identical -Legitimate interest - Confusingly similar - Cancelled- Cancellation - Commercial - Transfer - Relinquish - Bad faith registration - Bad faith use.

Complainant was owner of two United States trademark registrations for BLUE RIDGE KNIVES.  Respondent registered the domain name, blueridgknife.com.  Complainant alleged that Respondent has no rights in the trademark which is identical to the domain name and that Respondent registered the domain name at issue in bad faith. Respondent alleges that the web page, blueridgeknife.com, was registered as a service to the public to assist it in linking to WeaponsDealer.com and future similar links related to Respondent. Respondent states that the domain web page at issue actually praises Complainant's products and are associated with sales of over $27,000 worth of Complainant's products

Held, Name Cancelled.

It is clear that the domain name, blueridge.com is identical or confusingly similar with the trademark registered and used by Complainant, Blue Ridge Knives.  It is also clear that Respondent has no rights or legitimate interest in respect of the domain name.  This is bad fiath registration. 

Respondent alleges that the web page, blueridgeknife.com, was registered as a service t the public to assist it in linking to WeaponsDealer.com and future similar links related to Respondent.  Respondent states that the domain web page at issue actually praises Complainant's products.  Respondent cites no authority or license for commercial use of Complainant's trademarks.  Since Respondent refused to relinquish or transfer the domain, blueridgknife.com, Respondent demonstrated bad faith.


Policies referred to

Uniform Domain Name Dispute Resolution Policy adopted August 26, 1999
National Arbitration Forum's Supplemental Rules

Registration Agreements referred to

Network Solutions, Inc., effective September 6, 1999.

FINDINGS OF FACT

1. On March 18, 2000, Network Solutions, Inc. confirmed that Respondent registered the domain name "blueridgeknife.com" under the registrant name Carpenter, Deon W., P.O. Box 478, Geneva, AL 36340, showing himself as Administrative Contact. Network Solutions acknowledged the commencement of this administrative proceeding and that the Network Solutions Service Agreement Version 4.0 binds the Respondent. Accordingly, Respondent agreed to resolve any dispute regarding its domain name registration pursuant to ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy. Neither the Complainant nor Respondent contests the jurisdiction of the Forum or the undersigned arbitrator to resolve this controversy.

2. Complainant is the owner of incontestable trademarks registered with the United States Patent and Trademark Office under Reg. No. 1,766,414 and Reg. No. 1,766, 415, the marks being "BLUE RIDGE KNIVES" and "BLUE RIDGE KNIVES" & Design. These trademark registrations issued in 1993 and followed use of the marks since 1980 in connection with cutlery, various types of knives and paraphernalia and flashlights.

3. Complainant discovered in September of 1999 that Respondent, apparently a reseller of Complainant's knives at retail, was in the unauthorized process of marketing knives over the Internet using the domain name "blueridgeknife.com." Complainant states that such use misled the public as to the authorization, sponsorship, affiliation or connection between Complainant and Respondent. Complainant says that Respondent has no rights in the trademark which is identical to the domain name and that Respondent is seeking commercial gain by wrongful use of the mark and is misleading and diverting customers.

4. Complainant alleges sending a cease and desist letter on September 21, 1999, the receipt of which is denied by Respondent.

5. Complainant seeks cancellation of Respondent's registration of the domain name "blueridgeknife.com" rather than transfer of the name to Respondent. No other pending legal proceedings are alleged by either party.

6. Respondent alleges that the web page, blueridgeknife.com, was registered as a service to the public to assist it in linking to WeaponsDealer.com and future similar links related to Respondent.

7. Respondent states that the domain web page at issue actually praises Complainant's products and are associated with sales of over $27,000 worth of Complainant's products. Respondent says that he fears that Complainant is maintaining this proceeding in the course of setting up a new "Retail Outlet" for Complainant's products on the Internet.

8. Respondent cites no authority or license for commercial use of Complainant's trademarks.9. Although Respondent sought leave to file an Amended Response to the Complaint due to a missing page in the served original Complaint, no timely Amended Response has been filed.

CONCLUSION
The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding. Having been duly selected, and being impartial, the undersigned makes the following findings and conclusions:

1. Complainant has valuable and legally protectable rights in the mark, "BLUERIDGEKNIFE," dating back nearly two decades. The mark at issue is identical in use by Complainant and Respondent and is thus significantly confusing in source and sponsorship in the mind of the public.
2. Respondent has no legally protectable rights in the mark "BLUERIDGEKNIFE" and he has refused to relinquish or transfer the domain, blueridgeknike.com, to Complainant.
3. I find there to be ample showing of bad faith on the part of Respondent entitling Complainant to relief as sought.DECISIONBased upon the above findings and conclusions, and pursuant to Rule 4(i) of the ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum's Supplemental Rules to ICANN's Uniform Domain Resolution Policy, it is decided as follows:

THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "BLUERIDGEKNIFE.COM," REGISTERED BY RESPONDENT DEON CARPENTER, BE CANCELLED.Honorable James A. Carmody

Decision for Complainant 

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