Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use.

Complainant was registrant of United States trademark and United States service mark. Registrant registered the domain name, aeroturbine.net. Complainant alleged that its registered mark and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith.

Held, Name Transferred to Complainant.
The registered domain name is identical to or confusingly similar to Complainant’s registered trademark as well as its legal corporate name, which Complainant has used at least two years prior to Respondent’s registration. 

Respondent does not have any rights or legitimate interests in respect of the domain name. 

Respondent registered and used the domain name in bad faith. Respondent registered the domain name primarily for the purpose or disrupting the business of the Complainant. Also, Respondent used the domain name to attract Internet users for commercial gain by creating the likelihood of confusion with Complainant’s mark. 

Policies referred to
Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999 

Registration Agreements referred to
Network Solutions Domain Name Registration Agreement, effective October 29, 1999 

Panel Decision referred to
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Dietch, Arbitrator: - 

The above-entitled matter came on for an administrative hearing on February 28, 2000, before the undersigned on the Complaint of Aero Turbine, Inc., hereinafter referred to as "Complainant" against McAyman, Limited, hereinafter referred to as "Respondent." The complaint was signed by Lawrence H. Brinker, Vice President and General Counsel of Aero Turbine, Inc. A Response was filed by Chris Dumont, Quality Manager, on behalf of McAyman, Limited. In addition, Complainant filed a Rebutttal to Respondent’s Response. 

Upon the written submitted record, the following Decision is made: 

Procedural Findings

Domain Names: areoturbine.net; 

Domain Name Register: Network Solutions; 

Date of Domain Name Registration: 10/29/99; 

Date Complaint Was Sent to Respondent In Accordance With Rule 2(a)02/10/00; 

Response by Respondent: 02/14/00; 

Rebuttal Response By Claimant: 02/16/00. 

*All references to "Rule" and to ICANN’S Rules For Uniform Name Dispute Resolution Policy. 

The Complainant filed its Complaint with the National Arbitration Forum on February 10, 2000. After reviewing the Complaint for administrative compliance, the Forum transferred the Complaint to the Respondent in compliance with Rule 2(A), and the administrative proceeding was commenced pursuant to Rule4(a). In compliance with Rule 4(a), the Forum immediately notified the above Registrar, ICANN, and the Complainant that the administrative proceeding had commenced. 

The Respondent filed a response on February 14, 2000, to which the Complainant filed a Rebuttal response on February 16, 2000. Respondent had registered the domain name with Network Solutions, the entity that is the Registrar of the domain name, on October 29, 1999, as "aeroturbine.net." By registering its domain name with Network Solutions, the Respondent agreed to make any dispute regarding its domain name through ICANN’s Uniform Domain Dispute Resolution Policy. 

Findings of Fact
I have examined all of the pertinent documents and find as follows: 

Conclusions of Law
The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the arbitrator (One Arbitrator Panel) in this proceeding. 

Having been duly selected and being impartial, the undersigned has made the above Findings Of Fact and concludes therefore that the Complainant’s rights are superior to those of Respondent as a matter of law and is entitled to the domain name in controversy and that Respondent has acted improperly and is using the domain name in bad faith. 

Decision
Based upon the above Findings of Fact and Conclusions Of Law and pursuant to Rule 4(i), it is decide as follows: 

I FIND FOR THE COMPLAINANT AND ORDER THE TRANSFER OF THE RESPONDEN’T S DOMAIN NAME TO THE COMPLAINANT AS FOLLOWS:

"aeroturbine.net" 

Dated: February 28, 2000,
by Judge Henry X. Dietch (Ret.), 
Arbitrator