Spectrum Quality Products, Inc.
(now known as Spectrum Laboratories, Inc.)
[Indexed as: Spectrum Quality v. Spectrum Chemicals]
[Indexed as: Spectrumchemicals.com]
THE NATIONAL ARBITRATION FORUM
Case No: FA0004000094640
Commenced: 17 April, 2000
Judgment: 1 June, 2000
Presiding Panelist: Judge John J. Upchurch (Ret.), Arbitrator.
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States service mark and United States trademark, including the term "Spectrum." Registrant registered the domain name, spectrumchemicals.com. "SPECTRUMCHEMICALS.COM" is currently active and in commercial use.
Held, Name Not Transferred to Complaint.
The registered domain name "SPECTRUMCHEMICALS.COM" is identical or confusingly similar to the trademark in which the Complainant has rights. The domain name is used by Respondent on chemical products which are confusingly similar to Complaint's chemical products.
There was no evidence of bad faith use and registration on the part of Respondent.
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 Domain Name Registration Agreement, dated January 26, 1999
Panel Decision referred to
Judge John J. Upchurch (Ret.), Sole Panelist: -
1. The Parties
The Complainant is Spectrum Quality Products, Inc. (now known as Spectrum Laboratories, Inc.), hereafter "Complainant." The Respondent Spectrum Chemicals, hereafter "Respondent".
2. The Domain Name and Registrar
The domain name at issue is spectrumchemicals.com. The domain name is registered with Network Solutions, Inc., 505 Huntmar Park Drive, Herndon, Virginia 20170 ("NSI").
3. Procedural History
The Complainant filed its complaint with the National Arbitration Forum ("NAF") on April 17, 2000. After reviewing the complaint for administrative compliance, NAF transferred 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), NAF immediately notified the above Registrar, ICANN and the Complainant that the administrative proceeding had commenced. Respondent filed a timely Response to the Complaint.
The Respondent registered the domain name with Network Solutions, Inc., the entity that is the Registrar of the domain name. By registering its domain name with Network Solutions, Inc., the Respondent agreed to resolve any dispute regarding its domain name through ICANN's Uniform Domain Name Dispute Resolution Policy.
4. Findings of Fact
1. That the Complainant is the owner of trademark registration number 1087147, registered March 14, 1978, with a ten (10) year renewal term beginning March 14, 1998, including the term "Spectrum."
2. The registered domain name "SPECTRUMCHEMICALS.COM" is identical or confusingly similar to the trademark described in paragraph 1 and in which the Complainant has rights. The domain name is used by registrant on chemical products which are confusingly similar to Complaint's chemical products.
3. There are no circumstances indicating that Respondent registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the Complainant or to a competitor of the Complainant. There is no indication that Respondent registered the domain name in order to prevent Complainant, as owner of the trademark, from reflecting that mark in a corresponding domain name. Indeed, Complainant has registered the domain name "SPECTRUMCHEMICALS.COM" which is currently active and in commercial use. There is an absence of evidence or indication of any pattern of such conduct on the part of Respondent.
4. There is no indication that Respondent registered the domain name primarily for the purpose of disrupting the business of a competitor.
5. Complainant has not established that Respondent, by using the domain name, has intentionally attempted to attract, for commercial gain, internet users to its web site by creating a likelihood of confusion with the complainant's mark.
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. There is an absence of a showing of the registration and use of the subject domain name in bad faith in this case; and, accordingly, it is the determination of the Arbitrator that Respondent has in no manner acted in bad faith, and may rightfully continue in the use of its domain, "SPECTRUMCHEMICALS.COM".
Based upon the above findings and conclusion, and pursuant to Rule 4(i), of 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 "SPECTRUMCHEMICALS.COM", REGISTERED BY RESPONDENT SPECTRUM CHEMICALS, BE MAINTAINED WITH SPECTRUM CHEMICALS AND NOT BE TRANSFERRED TO COMPLAINANT.
Signed this 1st day of June, 2000, by Judge John J. Upchurch (Ret.), Arbitrator.
Domain Name Not Transferred