[Indexed as:
Omni Financial Corporation v. Net Ascent of Northern California]
[Indexed as:
Omniloan.com]
National Arbitration
Forum
Forum File
No.: FA0001000092049
Commenced:
18 January 2000
Judgment:
22 February 2000
Domain name Domain name dispute resolution policy Service mark Trademark - Identical Confusingly similar Bad faith registration Bad faith use.
Complainant was registrant of service mark and trademark. Respondent registered domain name, omniloan.com. Complainant alleged that Respondents domain name was identical to Complainants registered marks and that Respondent registered the domain name in bad faith.
Held, Name Transferred to Complainant
Complainant must establish both bad faith registration and bad faith use.
The domain name omniloan.com is nearly identical and confusingly similar to the registered marks of the Complainant. The Respondent has no right or legitimate interests with respect to the domain name. This is bad faith registration.
The Respondents primary purpose of registering said domain name was to sell it to the Complainant, or a competitor for valuable consideration in excess of Respondents out-of-pocket costs directly related to the domain name. This demonstrates bad faith use.
Policies referred to
Uniform Domain Name Dispute Resolution Policy
Registration Agreements referred to
The above entitled matter came on for an administrative hearing on February 21, 2000 before the undersigned on the Complaint of Omni Financial Corporation, hereafter "Complainant," against Net Ascent of Northern California, hereafter "Respondent." Complainant was represented by Theodore Stevenson, III, 1717 Main Street, Suite 2800, Dallas, Texas 75201. There was a Response on behalf of Respondent by Copper S. Trainor and Molly Trainor-Guilfoyle, 1810 15th Avenue, Suite 3, Seattle, WA 98122. Upon the written submitted record, the following DECISION is made:
PROCEDURAL
FINDINGS
Domain Name:
Omniloan.com
Domain Name
Registrar: Network Solutions, Inc.
Domain Name
Registrant: Net Ascent of Northern California
Date of Domain
Name Registration: November 29, 1999
Date Complaint
Filed: January 18, 2000
Date of Commencement
of Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c):
January 18, 2000
Due date for
a Response: February 10, 2000. Respondent did submit a Response to the
Complaint.
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 January 18, 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 Numbers (ICANN), and the
Complainant that the administrative proceeding had commenced.
On November
29, 1999, Respondent registered the domain name "omniloan.com" with Network Solutions, the entity that is the Registrar of the domain name. By registering
its domain name with Network Solutions, Respondent agreed to resolve any
dispute regarding its domain name through ICANNs Rules for Uniform Domain
Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution
Policy.
FINDINGS
OF FACT
1. That Complainant
is the owner of the service mark Omni Loans and has used it nationally
and continuously since 1970.
2. That Complainant
has invested substantial sums of money in developing and marketing its
lending service.
3. That Respondent
registered the domain name "omniloan.com" and has no rights or legitimate
interests in respect to said domain name.
4. That Respondent
is not in the lending business but has registered in excess of 50 other
unrelated domain names.
5. That Respondent
has offered to sell the domain name "omniloan.com" to Complainant or any
other bidder.
6. Complainants
prayer for relief requests that the domain name "omniloan.com" be transferred
from Respondent to Complainant.
CONCLUSIONS
The undersigned
certified 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 conclusions:
1. The domain
name "omniloan.com," registered by Respondent on November 29, 1999 with
Network Solutions, is nearly identical and confusingly similar to the mark
in which Complainant has rights and to which Respondent has no right or
legitimate interests.
2. Respondent
registered and acquired the domain name "omniloan.com" primarily for the
purpose of selling or otherwise transferring the same domain name registration
to the Complainant, who is the owner of the trade mark or service mark,
or to a competitor of the Complainant, for valuable consideration in excess
of Respondents out-of-pocket costs directly related to the domain name.
3. Respondent
registered and used the domain name in bad faith.
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 "omniloan.com," REGISTERED BY RESPONDENT NET
ASCENT OF NORTHERN CALIFORNIA BE TRANSFERRED TO COMPLAINANT OMNI FINANCIAL
CORPORATION.
Dated: February
22, 2000
Domain Name Transferred