UDRP CASE SUMMARY ARCHIVES - DOMAIN NAME LEGAL DISPUTES

Coming Attractions, Ltd. v.ComingAttractions.com

[Indexed as: Coming Attractions v.ComingAttractions.com]
[Indexed as: ComingAttractions.com]

National Arbitration Forum
Administrative Panel Decision

Case No. FA0003000094341
Commenced: 
Judgment: 11 May, 2000

Presiding Panelist: John J. Upchurch, Esquire

Domain name - Generic names - Descriptive names - Widespread use of name predates registration - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Rights or legitimate interest  - Bad faith registration - Bad faith use.

Complainant was registrant of trademark, COMING ATTRACTIONS. Registrant registered the domain name, "comingattractions.com" Complainant alleged that its registered marks and the registered domain name were identical and that Respondent had no legitimate rights or interests in the domain name and registered the domain name at issue in bad faith.

Held, Name Not Transferred to Complainant.

Respondent's registered domain name, comingattractions.com, is facially identical to and/or confusingly similar to Complainant's COMING ATTRACTIONS trademark. However, Complainant's trademark applies specifically to apparel and there is no evidence that Respondent ever used or intended to use the subject domain, comingattractions.com in any way related to apparel. There is no indication that Respondent has intended to attract Internet users to its web site or other on-line location by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation or endorsement of the web site. 

The term "coming attractions" is a generic term in the field of entertainment and its widespread use predated Complainant's trademark registration. Thus, Respondent had the right to register the subject domain name, comingattractions.com and the domain registration is a fair use of a generic term that was available for registration in the form of the subject domain name without disparagement of, or impact upon, Complainant's trademark rights. 

There are no circumstances that indicate the domain name was acquired primarily for the purpose of transferring it to the Complainant or to prevent Complainant from reflecting its trademark in a corresponding domain name, or that Respondent has engaged in a pattern of such conduct. Since there is no indication that Respondent registered the domain name primarily for the purpose of disrupting the business of a competitor, Complainant has failed to establish that Respondent registered the domain name "comingattractions.com" in bad faith.

Policies referred to

Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999

Registration Agreements referred to
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Cases referred to
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Panel Decision referred to
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Upchurch, Panelist: -

The above entitled matter came on for an administrative hearing on May 8, 2000 before the undersigned administrative panel on the Complaint of Coming Attractions, Ltd. ("Complainant"), against ComingAttractions.com ("Respondent"). Upon the written submitted record including the Complaint, the following DECISION is rendered:

PROCEDURAL FINDINGS

Domain Name: comingattractions.com

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: ComingAttractions.com

Date of Domain Name Registration: September 25, 1998

Date Complaint Filed: March 23, 2000 

After reviewing the complaint, and determining it to be in administrative compliance, the National Arbitration Forum ("Forum") forwarded the Complaint to the Respondent in compliance with Rule 2(a) of ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), the Forum immediately notified Network Solutions that the administrative proceeding had commenced. An administrative panel was selected in accordance with the Rule, and the Complaint was docketed and forwarded to the panel for decision on May 2, 2000.


FINDINGS OF FACT AND CONCLUSIONS

1.Respondent's registered domain name, comingattractions.com, is facially identical to and/or confusingly similar to Complainant's COMING ATTRACTIONS trademark. However, Complainant's trademark is for Class 25 only, and applies specifically to apparel. 
2.Respondent has never used or intended to use the subject domain, comingattractions.com in any way related to apparel. 
3.The term "coming attractions" is a generic term in the field of entertainment, generally associated with movies, television, theatre, and other forms of entertainment. Widespread use of this generic term predated Complainant's trademark registration. 
 4.Respondent had the right to register the subject domain name, comingattractions.com, based upon the generic usage of the term "coming attractions." 
 5.There are no circumstances that indicate the domain name was acquired 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 to a competitor of the Complainant. 
6.There is no indication Respondent registered the domain name in order to prevent the Complainant from reflecting its trademark in a corresponding domain name, or that Respondent has engaged in a pattern of such conduct. 
7.There is no indication that Respondent registered the domain name primarily for the purpose of disrupting the business of a competitor. 
8.There is no indication that Respondent has intended to attract internet users to its web site or other on-line location by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation or endorsement of the web site. 
9.Respondent's domain registration is a fair use of a generic term that was available for registration in the form of the subject domain name without disparagement of, or impact upon, Complainant's trademark rights. 

Accordingly, we find that there is an absence of a showing of bad faith in this matter pursuant to Paragraph 4(a)(iii) of the Uniform Domain Name Dispute Resolution Policy and that Complainant has failed to establish that Respondent registered the domain name "comingattractions.com" in bad faith.

DECISION

Based 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, the Administrative Panel decides as follows:

COMPLAINANT'S REQUEST TO TRANSFER THE DOMAIN NAME
"COMINGATTRACTIONS.COM" IS HEREBY DENIED. THE SUBJECT DOMAIN
NAME SHALL REMAIN REGISTERED TO RESPONDENT.

Signed this 11th day of May, 2000, by the duly selected members of the Administrative Panel herein.

/s/ Carol Anne Been_________________
Carol Anne Been, Esquire
Arbitrator
/s/ G. Gervaise Davis, III_____________
G. Gervaise Davis, III, Esquire
Arbitrator
/s/ John J. Upchurch 
John J. Upchurch, Esquire
Arbitrator/Panel Chairman 

Name Not Transferred

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