[Indexed as:
Baker Hughes v. Petroil]
[Indexed as:
Vybar.com]
National Arbitration
Forum
Administrative
Panel Decision
Case No. FA
0020000935577
Commenced:
3 February 2000
Judgment:
14 March 2000
Presiding Panelist: Judge John J. Upchurch (Ret.)
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use Legitimate Interest Unfair competition.
The Complainant is the owner of the trademark term "Vybar". The Complainant alleges that the domain name "Vybar.com", which was registered by the Respondent, sells products which are identical or confusingly similar to the Complainant's products.
Held, Name Transferred to Complainant.
The domain name "Vybar.com" is nearly identical and confusingly similar to the trademark held by the Complainant and to which Respondent has no right or legitimate interest.
Respondent registered and acquired the domain name "Vybar.com" for the sole purpose of creating confusion and an unfair competitive advantage with Complainant to the Complainants detriment. Respondent registered the domain name in bad faith, with full knowledge of Complainants trademark rights as evidenced by a direct referral to Complainant and Complainants trademarked product on its home page screen.
Policies referred to
Uniform Domain Name Dispute Resolution Policy
Panel Decision
referred to
--
Hon. Upchurch, Panelist: -
The above-entitled
matter came on for an administrative hearing on March 14, 2000, before
the undersigned on the complaint of Baker Hughes Inc., hereafter "Complainant",
against
Petroil, C.A., hereafter "Respondent". Complainant was represented by Stephen
A. Littlefield, 12645 West Airport Boulevard, Sugar Land, TX 77478. There
was no representation on behalf of Respondent. Upon the written submitted
record, the following DECISION is made:
PROCEDURAL FINDINGS
Domain Name: Vybar.com
Domain Name Registrar: Register.com
Domain Name Registrant: Petroil, C.A.
Date of Domain Name Registration: December 20, 1999
Date Complaint Filed: February 3, 2000
Date Complaint was sent to Respondent in accordance with Rule 2(a): February 3, 2000
Response due date: February 28, 2000 (Respondent did not submit a response to the Complaint.)
The Complainant filed its complaint with the National Arbitration Forum on February 3, 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 Rule 4(c). In compliance with Rule 4(d) The Forum immediately notified the above Registrar, ICANN and the Complainant that the administrative proceeding had commenced.
The Respondent
registered the domain name with Register.com, the entity that is the Registrar
of the domain name. By registering its domain name with Register.com, the
Respondent agreed to resolve any dispute regarding its domain name through
ICANNs Uniform Domain Name Dispute Resolution Policy.
FINDINGS OF FACT
1.That
the Complainant is the owner of trademark registration number 1,064,210,
registered April 26, 1977, with a ten (10) year renewal term beginning
April 26,1997, including the term "Vybar."
2.The
registered domain name "Vybar.com" is identical of confusingly similar
to the trademark described in paragraph 1 and in which the Complainant
has rights. The domain name is used by registrant on polymer products
which are identical or confusingly similar to Complainants polymer products.
3.Respondent
does not have rights or legitimate interests in respect to the domain name
that is the subject of the Complaint.
4.Respondent
should be considered to have no legitimate right or interest in the domain
name since it is clear that by using the domain name, Respondent has intentionally
attempted to attract, for commercial gain, internet users to its web site
by creating a likelihood of confusion with the Complainants registered
trademark as to the source of a product or service on its web site.
5.Respondent
registered the domain name in bad faith, with full knowledge of Complainants
trademark rights as evidenced by a direct referral to Complainant and Complainants
trademarked product on its home page screen.
6.Respondents
sole purpose in using the domain name is for the purpose of unfair competition
with Complainant to Complainants detriment.
7.Complainants
prayer for relief requests that the domain name "Vybar.com" be transferred
from Respondent to Complainant.
CONCLUSIONS
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 "Vybar.com", registered by Respondent on December 20, 1999,
with Register.com is nearly identical and confusingly similar to the trademark
referenced above and which Complainant has rights, including the mark "Vybar",
and to which Respondent has no right or legitimate interest.
2.Respondent
registered and acquired the domain name "Vybar.com" for the sole purpose
of creating confusion and an unfair competitive advantage with Complainant
to Complainants detriment. Respondent registered and used the domain name
in bad faith.
DECISION
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 "Vybar.com" REGISTERED BY RESPONDENT PETROIL
C.A. BE TRANSFERRED TO COMPLAINANT BAKER HUGHES INC.
Dated: March
14, 2000, by Judge John J. Upchurch (Ret.),
Arbitrator
Honorable
John J. Upchurch
Domain Name Transferred