Complainant was owner of United States Trademark “Golfer’s Warehouse.”  Registrant registered a trademark with an identical domain name, golferswarehouse.com.  Complainant alleged that its registered marks and the registered domain name were identical.

Held, Name Transferred to Complainant.

Complainant must establish bad faith registration.

It is clear that the domain name GOLFER’SWAREHOUSE.COM is identical or confusingly similar to the service mark and trademark registered and used by Complainant, GOLFER’S WAREHOUSE. It is also clear that Respondent has no rights or legitimate interest in respect of the domain name. This is bad faith registration.

Since domain name was registered 1987 and the record is clear as to ownership of the mark by the Complainant such that the Respondent’s domain name is identical, the domain name should be transferred as the Complainant has demonstrated bad faith registration on part of the Respondent. 

Rules referred to

Rules 2(a), 4(c)(d), 5(a)

Panel Decision referred to

Ayers, Panelist: -

1. The Parties
The complainant is Golfer’s Warehouse, Inc.  The respondent is Dan Lynch.

2. The Domain Name(s) and Registrar(s)
The domain name at issue is golfer’swarehouse.com, which domain name is registered with Network Solutions, Inc..

3. Procedural History
A Complaint was submitted by a written record to the National Arbitration Forum (the Fo rum) who forwarded the complaint to Network Solutions, Inc, who in turn forwarded it to the Respondent WebWorx.com.

On January 26, 2000, the Forum notified Network Solutions, Inc., who notified the Complainant, of the commencement of the administrative proceeding.  No response was submitted by the Respondent in the required time but written submissions from both parties were later received. 

4. Factual Background
The complainant has met its burden of proof by providing sufficient evidence of the registration of the following marks:
1. Trademark - GOLFER’S WAREHOUNSE, INC, registered since 1987 with Network Solutions.

Before the Respondent registered the domain name “Golfer’s Warehouse,” it was already widely in use in the state of Respondent’s residence.  Yet, the Respondent submitted that he registered the domain name for purpose of resale and has not created any “likelihood of confusion” with the mark because he has never used the domain name.

5. Parties' Contentions

A. Complainant
Complainant contends that respondent has registered as a domain name a mark which is identical to the trademark registered and used by complainant, that respondent has no rights or legitimate interests in respect to the domain name at issue.

B. Respondent
Respondent contends that he has made no use of the domain name and has offered no evidence of “preparation for use.”  He alleged that he did not register the name to prevent use by Complainant.
 

6. Decision

For all of the foregoing reasons, the Panel decides that the domain name registered by respondent is identical or confusingly similar to the trademark in which the complainant has rights, and that the respondent has no rights or legitimate interests in respect of the domain name, and that the respondent's domain name has been registered and is being used in bad faith. Accordingly, the Panel requires that the registration of the domain name <golfer’swarehouse.com> be transferred to the complainant. 

 .     THE NATIONAL ARBITRATION FORUM Post Office Box 50191 Minneapolis, Minnesota 55405 ______________________________________ GOLFER'S WAREHOUSE, INC. COMPLAINANT, vs.  DAN LYNCH RESPONDENT. DECISION Forum File No.: FA#92532 ______________________________________ The above entitled matter came on for an administrative hearing on March 13, 2000, before the undersigned on the Complaint of Golfer's Warehouse, Inc. ("GWI"), hereafter "Complainant", against Dan Lynch, hereafter "Respondent". Complainant was represented upon the written submitted record by John P. Lowe, Jr., Adair Law Firm, 30 Corporate Woods, Rodchster, New York, 14623. Respondent appeared personally, upon the written submitted record. Upon the written submitted record, the following DECISION is made: 

PROCEDURAL FINDINGS 

Domain Name: golferswarehouse.com Domain Name Registrar: Network Solutions, Inc. Domain Name Registrant: Dan Lynch Date of Domain Name Registration: June 23, 1998 Date of Complaint Filed: January 26, 2000 Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule4(c): January 26, 2000 Due date for a Response: February 18, 2000 After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to Network Solutions, Inc. who forwarded the Complaint to the contact designated Respondent, WebWorx.com, on January 26, 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., which then notified WebWorx.com the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to the Forum within twenty (20) days pursuant to Rule 5(a). However, the undersigned subsequently received written submissions from both parties including letters from Respondent. On June 23, 1998, Respondent registered the domain name "golferswarehouse.com" with Network Solutions, the entity that is the Registrar of the domain name. Network Solutions verified that Respondent is the Registrant for the domain name "golferswarehouse.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.

FINDINGS OF FACT 
1. Complainant is the owner of the Trademark "Golfer's Warehouse." The Trademark was issued in 1987. The name Golfer's Warehouse was in wide use prior to the registration of the domain name by Respondent and was in wide use in the state of Respondent's residence.
 2. The domain name is identical to the Trademark. The record is very clear as to ownership of the mark by Complainant. 
3. Respondent admits that he has made no use of the domain name. Respondent has never been known by the domain name and has offered no evidence of "preparation for use". 
4. Respondent's correspondence, as submitted, supports the inference that he registered the domain name for purpose of resale. However, he did not register the name to prevent use by Complainant, the Trademark owner, and has not used the domain name to disrupt the business of any competitor. He has not created any "likelihood of confusion" with the mark because he has never used the domain name.  

CONCLUSIONS 
Given the totality of the circumstances, the Complainant has met its burden of proof and the domain name should be transferred as requested by Complainant. 

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 "golferswarehouse.com" REGISTERED BY Dan Lynch BE TRANSFERRED TO Complainant. Dated: March 14, 2000, by R. Glen Ayers, Jr. (formerly United States Bankruptcy Judge),  Glen Ayers, Jr.