Domain name - U.S. Trademark - Identical -Confusingly similar - Bad faith registration - Bad faith use.

Complainant was owner of one United States trademark registration, Koros.  Respondent registered the domain name, Khoros.com. The Respondent sent the Complainant several e-mails to sell the domain name.  In the Respondent’s third e-mail message to the Complainant, he denied any trademark infringement and offered to sell the name again. On April 14, 1998, the 

Respondent offered to sell the domain name to the Complainant for $6,000.00. The Respondent sent an e-mail to the Complainant threatening a lawsuit against the Complainant for securing the “hold,” or in the alternative, he would sell the domain name for $10,000.00.  

The Respondent admitted that he made no legitimate use of the domain name during the course of the preceding events.  

Held, Name Transferred to Complainant.

The domain name KHOROS.COM is identical or confusingly similar to the trademark of the Complainant, KHOROS. The Respondent has no legitimate interest in respect of the domain name. This is bad faith registration. Since the Respondent registered the domain name to make a profit, this is bad faith use of the trademark.

Registration Agreements referred to

Network Solutions Service Agreement Version 5.0

Panel Decision referred to

--Cave, Panelist: -
 

Khoral Research, Inc. COMPLAINANT, vs Alexy V. Khrabrov RESPONDENT

DECISION

Forum File FA0003000094269 

The above entitled matter came on for an administrative hearing on April 17, 2000 on the 
Complaint of Khoral Research, Inc., the Complainant, represented by Jeffrey D. Myers, Peacock, Myers & Adams, P.C., 201 Third Street NW, Suite 1340, P.O. Box 26927, Albuquerque, New Mexico 87125-6927 against Alexy V. Khrabrov, pro se, the Respondent, 504 S. 41st Street, Apt. 2R, Philadelphia, Pennsylvania and/or 3300 Walnut Street, Philadelphia, Pennsylvania 19104. A Response to the Complaint was filed by the Respondent in his own behalf together with a supplemental response.
 

PROCEDURAL FINDINGS

Domain Name: KHOROS.COM

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Alexy V. Khrabrov.

Date of Domain Name Registration: January 30, 1998

Date Complaint Filed: March 6, 2000

Date of Commencement of Administrative Proceeding: March 9, 2000

Due date for a Response: April 3, 2000

Response to Complaint was submitted on April 5, 2000. Panelist will allow response, although filed beyond due date, in the exercise of administrative discretion because of medical emergency alleged by Respondent.

After reviewing the Complaint and determining it to be in administrative compliance The National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on March 9, 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. that the administrative proceeding had been commenced. 

On January 30,1998 the Respondent registered the domain name, KHOROS.COM, with Internic. By registering the Respondent agreed to resolve any dispute regarding the domain name through the arbitration process and is bound by Network Solutions Service Agreement Version 5.0.
 

FINDINGS OF FACT

1.  On June 23 1993 the Complainant, Khoral Research, Inc. was assigned the entire interest and    goodwill in the mark KHOROS by The University of New Mexico and this assignment was recorded in the United States Patent and Trademark Office on July 12, 1993. Khoral Research, Inc., the Complainant, has the exclusive rights to the mark which was first registered on November 3, 1992 and first used in commerce on October 10, 1990.
 
1.  On January 30, 1998 the Respondent registered the domain name KHOROS.COM and on the following day, January 31, 1998, Respondent sent an e-mail message to Complainant offering to sell the domain name to the Complainant for a reasonable price. 
 
1.  On February 18, 1998, a second e-mail message was sent by Respondent to Complainant again offering to sell the domain name. 
 
1.  A third e-mail message was sent by Respondent to Complainant on February 26, 1998 denying any trademark infringement since Respondent merely reserved the name and was not using it. The offer to sell the name was again made. 
 
1.  On April 14, 1998, Respondent offered to sell the domain name to Complainant for $6000.00. This was followed by an e-mail on April 29, 1998 requesting a response. 
 
1.  Following a Complaint filed by Complainant with Network Solutions, Inc. a hold was placed on the domain name by Network Solutions, Inc. as set forth in the letter ruling by Network Solutions, Inc. dated July 21, 1998 
 
1.  On November 24, 1998, Respondent sent an e-mail to Complainant threatening a lawsuit against the Complainant for securing the "hold", or in the alternative, would sell the domain name for $10,000.00.
 
1.  During the course of the preceding events the Respondent by his own admission made no legitimate use of the domain name. 
 

CONCLUSIONS

The undersigned certifies that he has acted independently and has no known conflict of interest to serve as Arbitrator in this proceeding. Having been duly selected, and being impartial, the 
undersigned makes the following findings and conclusions:

1.  The domain name KHOROS.COM registered by the Respondent is identical or confusingly similar to the trademark of the Complainant.
 
1.  The Respondent has no legitimate interest in respect to the domain name since the Respondent by his own admission was not using the domain name nor was there before this dispute arose any demonstrable preparation to use the domain name in connection with the offering of goods or services.
 
1.  The domain name was registered in bad faith and merely used as a bargaining tool. One can only conclude from the e-mail messages that the Respondent registered the domain name to make a profit at the expense of the owner of the trademark.
 

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 "KHOROS.COM" REGISTERED BY THE RESPONDENT BE TRANSFERRED TO COMPLAINANT KHORAL RESEARCH, INC.

Dated: April 17, 2000, Judge Gilbert T. Cave (Ret.), Arbitrator