[Indexed as: Cook v. This Domain is For Sale]
[Indexed as: camptime.com]
National Arbitration Forum
Case No.: FA0006000094957
Commenced: 5 June 2000
Judgement: 12 July 2000
Presiding Panelist: Carolyn Marks Johnson
Domain name Domain name dispute resolution policy Trademark Identical Confusingly similar Legitimate rights Bad faith Default Recognition.
Complainant owns the trademark, Camp Time and uses it in connection with its business. Respondent registered the domain name camptime.com. Internet users are directed to a site that sells domain names when they connect to Respondents site.
Held, Name Transferred to Complainant.
Respondents domain name is virtually identical to Complainants mark.
Respondent is not commonly known by the name, nor is it using the site in connection with a bona fide offering of goods. Respondent is using the name for its own profit. Therefore, Respondent does not have legitimate rights in the name.
Respondent has engaged in a pattern of registering domain names in order to prevent the owners of the trademarks from using them. Respondent was aware of Complainants rights to the mark and was aware that the domain name would prevent Complainant from reflecting the name on the Internet. Respondents intent was to sell the name to Complainant or to competitors for an amount in excess of out-of-pocket expenses.
Policies referred to
Uniform Domain Name Dispute Resolution Policy
Panel decisions referred to
Eauto, Inc. v. Available-Domain-Names.com, d/b/a Intellectual-Assets.com, Inc., D2000-0120 (WIPO April 13, 2000).
Hewlett-Packard Company v. Full System, FA 94637 (Nat. Arb. Forum May 22, 2000).
The Board of Governors of the University of Alberta v. Michael Katz d.b.a. Domain Names For Sale, D2000-0378 (WIPO June 22, 2000).
Johnson, Panelist: -
REGISTRAR AND DISPUTED DOMAIN NAME(s)
The domain name at issue is CAMPTIME.COM, registered with Melbourne
IT
DBA Internet Names Worldwide (Internet Names Worldwide).
PANELIST
Honorable Carolyn Marks Johnson sits as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
("The
Forum") electronically on 06/05/2000; The Forum received a hard copy
of the
Complaint on 06/05/2000.
On 06/05/2000, Internet Names Worldwide confirmed by e-mail to The Forum
that the domain name, CAMPTIME.COM, is registered with Internet Names
Worldwide and that the Respondent is the current registrant of the
name.
On 06/07/2000, a Notification of Complaint and Commencement of Administrative
Proceeding (the "Commencement Notification"), setting a deadline of
06/27/2000
by which Respondent could file a Response to the Complaint, was transmitted
to
Respondent via email, post and fax, and to all entities and persons
listed on
Respondents registration as technical, administrative and billing
contacts by email.
On 06/27/2000, having received no Response from Respondent, using the
same
contact details and methods as were used for the Commencement Notification,
The
Forum transmitted to the parties a Notification of Respondent Default.
On 06/29/2000, pursuant to Complainants request to have the dispute
decided by
a Single Member panel, The Forum appointed Honorable Carolyn Marks
Johnson
as Panelist.
Having reviewed the communications records in the case file, the Administrative
Panel (the "Panel") finds that The Forum has discharged its responsibility
under
Paragraph 2(a) of the Uniform Rules "to employ reasonably available
means
calculated to achieve actual notice to Respondent." Therefore, the
Panel may issue
its Decision based on the documents submitted and in accordance with
the
ICANN Policy, ICANN Rules, The Forums Supplemental Rules and any rules
and principles of law that the panel deems applicable, without the
benefit of any
Response from the Respondent.
RELIEF SOUGHT
The Complainant requests that the domain name be transferred from the
Respondent to the Complainant.
PARTIES CONTENTIONS
A. Complainant
The Complainant contends that the Respondent has registered a domain
name that
is identical to its trademark registered for and in use by the Complainant.
Further,
the Complainant contends that the Respondent is a Cybersquatter, has
no rights or
legitimate interests to the domain name, and has registered and is
using the domain
name in bad faith.
B. Respondent
The Respondent submitted no response in this matter.
FINDINGS
Complainant owns the U.S. trademark CAMP TIME (filed: Dec. 13, 1982;
registered Sept. 11, 1984; No. 1,294,315) for collapsible foldable
tables and
stools for camping. Complainant currently markets its products
on the website
<camptimeinc.com> because CAMPTIME.COM was taken by the Respondent.
The Complainant also recently registered <camptime.org> and <camptime.net>.
The Respondent has registered the domain name CAMPTIME.COM. When
this
domain name is entered into the computer, the user is brought to a
site advertising
ideatrade.com, a site that sells domain names.
DISCUSSION
Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy (Policy)
requires that the complainant must prove each of the following three
elements to
support a claim that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly
similar
to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect
of the domain
name; and
(3) the domain name has been registered and is being used in bad faith.
The Complainant has offered exhibits in support of its claim and the
assertions
made therein; the Respondent has submitted no response in the matter.
The
Respondents failure to dispute the allegations of the Complainant
permits the
inference that the Complainants allegations are true. See Hewlett-Packard
Company v. Full System, FA 94637 (Nat. Arb. Forum May 22, 2000).
Further,
the Respondents failure to respond leads one to believe that the Respondent
knows that its website is misleading. See Hewlett-Packard Company
v. Full
System, FA 94637 (Nat. Arb. Forum May 22, 2000). Applying the
Policy to the
issue in this case furthers these inferences.
Identical and/or Confusingly Similar
The Complainant has rights in the domain name CAMPTIME.COM.
The Respondents domain name is identical to the Complainants registered
mark
except for the addition of the domain name level designation com.
When
potential clients seek the Complainants services on the Internet,
the Complainants
mark is more than likely the first domain name entered. This
association is vital in
maintaining a business in todays e-commerce society and the integrity
of the mark.
Rights or Legitimate Interests
The Respondent does not assert any rights or legitimate interests to
the domain
name in question.
The name does not reflect a name by which the Respondent is commonly
known,
nor is the Respondent using the site in connection with a bona fide
offering of goods
or services or for a legitimate noncommercial or fair use. Policy
4(c)(i)-(iii).
Rather, the Respondent is using the Complainants registered mark for
the
Respondents own profit. The Respondents lack of a response
in this matter
supports the inference that he purchased the domain name in question
knowing of
the Complainants rights in the name and looking for the opportunity
to sell the
name at a premium price. See EAuto, Inc. v. Available-Domain-Names.com,
d/b/a
Intellectual-Assets.com, Inc., D2000-0120 (WIPO April 13, 2000).
Registration and Use in Bad Faith
The Respondent does not deny that the name was registered in bad faith.
The Respondent registered and is using the domain name in question to
prevent the
owner of the trademark (the Complainant) from reflecting the mark in
a domain
name. The evidence demonstrates that the Respondent has engaged
in a pattern of
such conduct. Policy 4(b)(ii). When the Respondent
purchased the said domain
name, he knew or should have known that it would attract people searching
for the
Complainants official site. The Respondent was obviously aware
of the existence
of the Complainant and must have known that registration of the domain
name
would prevent the Complainant from reflecting the name on the Internet.
See The
Board of Governors of the University of Alberta v. Michael Katz d.b.a.
Domain
Names for Sale, D2000-0378 (WIPO June 22, 2000).
The Respondent is clearly in the business of domain name speculation,
as
evidenced by the contact information provided to the domain name register.
His
registration of numerous names (available on the site in question)
suggests a pattern
of conduct. Policy 4(b)(ii). Correspondence by the
Respondent shows
Respondents intent to sell trademarked domain names for $3-5K
instead
of
[the companies] pursuing more costly legal actions. The Respondent
registered
and is using the name in question for the purpose of selling it to
the Complainant or
the Complainants competitors, for valuable consideration in excess
of
out-of-pocket costs. Policy 4(b)(i). See EAuto, Inc.
v.
Available-Domain-Names.com, d/b/a Intellectual-Assets.com, Inc., D2000-0120
(WIPO April 13, 2000).
Based on the preceding facts, the panel finds that the Respondent registered
and is
using the domain name in bad faith.
DECISION
Having established all three elements required by the ICANN Policy Rule
4(a), it is
the decision of the panel that the requested relief be granted.
Accordingly, for all of the foregoing reasons, it is ordered that the
domain name,
CAMPTIME.COM be transferred from the Respondent to the Complainant.
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