[Indexed as:
Cunard Line v. Champion Travel]
[Indexed as:
Cunard.com et al]
National Arbitration
Forum
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 Complainants services.
Held, Name Transferred to Complainant.
The domain
name CUNARDCRUISE.COM registered by Respondent is identical to Complainants
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. Respondents use is thus in bad faith.
Policies referred to
Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999
DECISION
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:
PROCEDURAL
FINDINGS
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.
FINDINGS
OF FACT
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 Complainants 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.
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 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.
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 "CUNARDCRUISE.COM" REGISTERED BY RESPONDENT
CHAMPION TRAVEL, INC. BE TRANSFERRED TO COMPLAINANT CUNARD LINES LIMITED.
Honorable Daniel B. Banks, Jr.
Domain Name Transferred