Cunard Line Limited v. Champion Travel, Inc.
Cunard Line v. Champion Travel]
[Indexed as: Cunard.com et al]
Forum File No.: FA0001000092053
Judgment: March 8, 2000
Arbitrator: Judge Daniel B. Banks, Jr. (Ret.).
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Confusion as to source, sponsorship, affiliation, or endorsement.
Complainant, a cruise ship company in business for over 160 years, was the registrant of CUNARD and a number of related United States service marks and trademarks. Complainant had registered CUNARD.COM, CUNARDLINES.COM and CUNARDLINE.COM with Network Solutions, Inc. and had a pending trade mark registration for CUNARD.COM. Respondent registered the domain name CUNARDCRUISE.COM with intent to market Complainant's services.
Held, Name Transferred to Complainant.
name CUNARDCRUISE.COM registered by Respondent is identical to Complainant's
name and confusingly similar to marks registered and used by Complainant.
Respondent has no legitimate interest in these marks.
By using the domain name CUNARDCRUISE.COM, Respondent has intentionally attempted to attract, for commercial gain, Internet users by creating a likelihood of confusion with Complainant's mark as to source, sponsorship, affiliation, or endorsement of the web site. Respondent's use is thus in bad faith.
Policies referred to
Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999
The above matter
came on for an administrative hearing on March 7, 2000 before the undersigned
on the Complaint of Cunard Line Limited, hereafter "Complainant", against
Champion Travel, Inc., hereafter "Respondent". Complainant was represented
by Jeffery R. Cohen, 1745 Jefferson Davis Highway, Suite 612, Arlington,
VA 22202. Respondent was represented by Anne C. Keys, 401 North Michigan
Avenue, Suite 1900, Chicago, IL 60611.
Upon the written submitted record, the following DECISION is made:
Domain Name: CUNARDCRUISE.COM
Domain Name Registrar: Network Solutions
Domain Name Registrant: Champion Travel, Inc.
Date of Registration: November 17, 1998
Date Complaint Filed: January 19, 2000
Date of Commencement of Administrative Proceeding: January 19, 2000
Date of Response: Respondent filed a timely response on February 25, 2000 after
receiving a 20 day extension
After reviewing the Complaint and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), The Forum immediately notified Network Solutions, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent filed a response within the time allowed.
The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with Network Solutions, the Respondent agreed to resolve any dispute regarding its domain name through ICANN'S Uniform Domain Name Dispute Resolution Policy.
1. The Complainant Cunard Lines Limited is a cruise ship company that has been in business for over 160 years. It has a large number of marks that are registered with the United States Patent & Trademark Office that includes CUNARD; CUNARD COUNTESS; CUNARD-CARE; CUNARD LUXURY; CUNARD CROWN; CUNARD & Design; CUNARD CRUISE MILES; CUNARD. WE MAKE ALL THE DIFFERENCE; CUNARD ROYAL VIKING & Design; CUNARD QUEEN ELIZABETH 2 & Design; and, CUNARD DYNASY.
2. The Complainant also has a pending federal trademark application for the mark CUNARD.COM. and has properly registered the following domain names with Network Solutions, Inc.: CUNARDLINES.COM, CUNARDLINE.COM & CUNARD.COM.
3. The Respondent registered the domain name CUNARDCRUISE.COM on November 17, 1998 but has not yet completed the establishment of the web site.
4. The Respondent states in its answer that, since before notice of the dispute, it has used or prepared to use CUNARDCRUISE.COM in connection with a bona fide offering of goods or services (See Respondents response, paragraph 15 at page 5).
5. The Respondent registered the domain name with the intent to market Complainant's goods and services via an exclusive web site and in exercising its intent and use of CUNARDCRUISE.COM, Respondent reviewed other competing web sites and had specific discussions with a web site developer.
6. The Respondent's use of the domain name CUNARDCRUISE.COM is identical or confusingly similar to the Complainant's established trademarks.
7. The Respondent has no legitimate interests in respect of the domain name and seeks to profit from its registration of said domain name by trading upon the goodwill associated with the Cunard name.
8. The Complainant's prayer for relief requests that the domain name CUNARDCRUISE.COM be transferred from Respondent to Complainant.
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. The domain name CUNARDCRUISE.COM, registered by Respondent on November 17, 1998 with Network Solutions, is identical to Complainant's name and is confusingly similar to a trademark in which the Complainant has rights, and to which the Respondent has no right or legitimate interests.
2. By using the domain name CUNARDCRUISE.COM, the Respondent has and will intentionally attempt to attract, for commercial gain, Internet users by creating a likelihood of confusion with the Complainant's mark as to source, sponsorship, affiliation, or endorsement of the web site.
Based upon the above findings and conclusions, and pursuant to Rule 4(I), it is decided as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "CUNARDCRUISE.COM" REGISTERED BY RESPONDENT CHAMPION TRAVEL, INC. BE TRANSFERRED TO COMPLAINANT CUNARD LINES LIMITED.
Honorable Daniel B. Banks, Jr.
Domain Name Transferred