Domain name registration - Domain name dispute resolution policy - Service mark - Trade mark - Identical - Confusingly similar - Agent acting in bad faith - Bad faith registration. 

Respondent was hired to act as the agent of the Complainant to register its domain name, fishtech.com.  Complainant alleges that Respondent acted in bad faith in naming itself as the registrant for the domain name and for not informing the Complainant of this fact.  Complainant argues that its trademark or service mark and the registered domain name are identical or confusingly similar in which the complainant has rights and the respondent none.  Respondent was hired to register the domain name for the Complainant and not for its own benefit.   Respondent registered the domain name at issue in bad faith. 

Held, Name Transferred to Complainant

The above entitled matter came on for an administrative hearing on March 6, 2000,
before the undersigned on the Complaint of Fishtech, Inc., hereafter "Complainant,"
against Richard Rossiter, d/b/a IFC Corporation, and IFC Corporation, hereafter
"Respondents." Complainant was represented by David B. Himelstein, Esquire, P.
0. Box 28337, San Diego, CA 92198. There was no representation on behalf of
Respondents. 

Policies referred to

ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy, and,
Uniform domain Name Dispute Resolution Policy

1.  PROCEDURAL FINDINGS

Domain Name: fishtech.com 
Domain Name Registrar: Network Solutions, Inc. 
Domain Name Registrant- IFC Corporation 
Date of Domain Name Registration-. May 31, 1996
Date Complaint Filed: January 27, 2000 
Date of Commencement of Administrative Proceeding in Accordance with Rule
2(a)' and Rule 4(c): January 27, 2000
Due date for a Response: February 21, 2000. Respondents did submit an
incomplete Response to the Complaint on January 31, 2000.

After reviewing the Complaint, and determining it to be in administrative
compliance, the National Arbitration Forum (The Forum) forwarded the Complaint
to the Respondents on January 27, 2000, 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, Inc. (Network
Solutions), the Internet Corporation for Assigned Names and NL.-mbers
(ICANN), and the Complainant that the administrative proceeding had
commenced.

On December 3, 1999, Respondent IFC Corporation registered the domain name
"fishtech.com" with Network Solutions, the entity that is the Registrar of the domain
name. On January 27, 2000, Network Solutions verified that Respondent is the
Registrant for the domain name "fishtech.com," and that further, by registering its
domain name with Network Solutions, Respondent agreed to resolve any dispute
regarding its domain name through ICANN's Rules for Uniform Domain Name
Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution
Policy. 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: 

2. FINDINGS OF FACT

1 . The Complainant is the owner of the service mark "fishtech"-, and it also uses
the domain name of "fishtech.com" for its portal Web site currently hosted by an
entity called MindSpring and before MindSpring, hosted by a business called
WebDev. The service mark and domain name are used extensively at the Web site,
and are important to Complainant in promoting its business.

2. In the summer of 1996, Complainant contracted with Respondent Richard
Rossiter, then doing business as WebDev, to have WebDev design, implement,
and
 
 

     Any reference to "Rule" or "Rules" are to ICANN's Rules for Uniform
     Domain Name Dispute Resolution Policy and Uniform Domain Name
     Dispute Resolution Policy, as supplemented by the National
     Arbitration Forum's Supplemental Rules to ICANN's Uniform
     Domain Resolution Policy. host a Web site for Complainant on
     WebDev's computer systems. Complainant requested the domain
     name "fishtech.com", and has been using that domain name and
     paying for it ever since. Respondent Rossiter registered the domain
     name to Respondent IFC Corporation, a name under which
     Respondent Rossiter did business, which is not a California
     corporation, nor registered as a foreign corporation in California to do
     business there. 

3. Complainant, dissatisfied with Respondent Rossiter's service, contracted with
MindSpring to host a new web site for Complainant in late 1999. Since December
1999, Complainant has had this new web site hosted by MindSpring, and still uses
the domain name of "fishtech.com." However, Respondent IFC Corporation is
listed as the registrant (owner) of the domain name noted herein instead of
Complainant. Respondents have heretofore refused to transfer ownership 'L-o or
communicate with Complainant, though a brief e-mail, which was not a complete
response to the Complaint herein, from Respondent Rossiter to Michaelene
Fredrickson of the National Arbitration Forum, dated January 31, 2000, now
acknowledges Respondents have absolutely no interest in Claimant's domain name,
and will do whatever needs to be done to correct this problem.

4. The domain name "fishtech.com" is identical to Complainant's name Fishtech,
Inc., and to the common law service mark "fishtech," which has been used since
1982 as a service mark by Complainant and its predecessors.

5. Respondents have never used "fishtech" as a trade name, trademark, or service
mark. The only connection Respondents have ever had with the name "fishtech" is
as agents of Fishtech, Inc., when Respondent IFC was incorrectly stated to be the
registrant without the permission or even knowledge of Fishtech, Inc.

6. Respondents registered the domain name "fishtech.com" in bad faith and have no
rights or legitimate interests in respect to said domain name. Evidence of bad faith
here was that Respondent Rossiter was hired to register fishtech.com for Fishtech,
Inc., neither for his own benefit nor for the benefit of Respondent IFC Corporation.
Respondent Rossiter was then acting as an agent for Fishtech, Inc. and had no
authority to register the domain name in favor of one of Respondent Rossiter's own
business names. Additional bad faith here was that Respondents never informed
Fishtech, Inc. that Respondent IFC Corporation had been designated as the
registrant for the domain name. Fishtech, Inc. did not learn about the designation
until late in 1999, when the domain hosting was switched to MindSpring.
Respondent Rossiter did not respond to telephone calls, e-mail messages, or
letters. This continuing refusal to communicate is evidence of continuing bad faith.

7. Complainant's prayer for relief requests that the domain name "fishtech.com" be
transferred from Respondents to Complainant, and that the domain name registrar,
Network Solutions, Inc., be ordered to eliminate Respondent IFC Corporation
from the registry and substitute in its place Fishtech, Inc.

3. CONCLUSIONS

1 . The domain name "fishtech.com," registered by Respondent IFC Corporation
on May 31, 1996, with Network Solutions, Inc., is identical, or confusingly similar,
to a trademark or service mark in which Complainant has rights, and to which
Respondents have no rights or legitimate interests.

2. The domain name "fishtech.com" should be considered as having been registered
and used in bad faith.

4. DECISION

Based upon the above findings and conclusions, and pursuant to Rule 4(i), it is
decided:

The below-named Arbitrator directs that the domain name "fishtech.com,"
registered by Respondent IFC Corporation, be transferred to Complainant
Fishtech, Inc.