[Indexed as:
Phillip S. Martin v. Deon Carpenter]
[Indexed as:
Blueridgeknives.com]
National Arbitration
Forum
Administrative
Panel Decision
Forum File
FA 0002000094311
Commenced:
16 March 2000
Judgment:
25 April 2000
Presiding Panelist: James A. Carmody
Domain name Domain name dispute resolution policy Supplemental Rules U.S. Trademark Identical Legitimate interest - Confusingly similar Cancelled Cancellation Commercial - Transfer Relinquish - Bad faith registration Bad faith use.
Complainant was owner of two United States trademark registrations for BLUE RIDGE KNIVES. Respondent registered the domain name, blueridgknife.com. Complainant alleged that Respondent has no rights in the trademark which is identical to the domain name and that Respondent registered the domain name at issue in bad faith. Respondent alleges that the web page, blueridgeknife.com, was registered as a service to the public to assist it in linking to WeaponsDealer.com and future similar links related to Respondent. Respondent states that the domain web page at issue actually praises Complainants products and are associated with sales of over $27,000 worth of Complainants products
Held, Name Cancelled.
It is clear that the domain name, blueridge.com is identical or confusingly similar with the trademark registered and used by Complainant, Blue Ridge Knives. It is also clear that Respondent has no rights or legitimate interest in respect of the domain name. This is bad fiath registration.
Respondent alleges that the web page, blueridgeknife.com, was registered as a service t the public to assist it in linking to WeaponsDealer.com and future similar links related to Respondent. Respondent states that the domain web page at issue actually praises Complainants products. Respondent cites no authority or license for commercial use of Complainants trademarks. Since Respondent refused to relinquish or transfer the domain, blueridgknife.com, Respondent demonstrated bad faith.
Policies referred to
Uniform
Domain Name Dispute Resolution Policy adopted August 26, 1999
National Arbitration
Forums Supplemental Rules
Registration Agreements referred to
Network Solutions, Inc., effective September 6, 1999.
FINDINGS OF FACT 1. On March 18, 2000, Network Solutions, Inc. confirmed that Respondent registered the domain name "blueridgeknife.com" under the registrant name Carpenter, Deon W., P.O. Box 478, Geneva, AL 36340, showing himself as Administrative Contact. Network Solutions acknowledged the commencement of this administrative proceeding and that the Network Solutions Service Agreement Version 4.0 binds the Respondent. Accordingly, Respondent agreed to resolve any dispute regarding its domain name registration pursuant to ICANNs Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy. Neither the Complainant nor Respondent contests the jurisdiction of the Forum or the undersigned arbitrator to resolve this controversy.
2. Complainant is the owner of incontestable trademarks registered with the United States Patent and Trademark Office under Reg. No. 1,766,414 and Reg. No. 1,766, 415, the marks being "BLUE RIDGE KNIVES" and "BLUE RIDGE KNIVES" & Design. These trademark registrations issued in 1993 and followed use of the marks since 1980 in connection with cutlery, various types of knives and paraphernalia and flashlights.
3. Complainant discovered in September of 1999 that Respondent, apparently a reseller of Complainants knives at retail, was in the unauthorized process of marketing knives over the Internet using the domain name "blueridgeknife.com." Complainant states that such use misled the public as to the authorization, sponsorship, affiliation or connection between Complainant and Respondent. Complainant says that Respondent has no rights in the trademark which is identical to the domain name and that Respondent is seeking commercial gain by wrongful use of the mark and is misleading and diverting customers.
4. Complainant alleges sending a cease and desist letter on September 21, 1999, the receipt of which is denied by Respondent.
5. Complainant seeks cancellation of Respondents registration of the domain name "blueridgeknife.com" rather than transfer of the name to Respondent. No other pending legal proceedings are alleged by either party.
6. Respondent alleges that the web page, blueridgeknife.com, was registered as a service to the public to assist it in linking to WeaponsDealer.com and future similar links related to Respondent.
7. Respondent states that the domain web page at issue actually praises Complainants products and are associated with sales of over $27,000 worth of Complainants products. Respondent says that he fears that Complainant is maintaining this proceeding in the course of setting up a new "Retail Outlet" for Complainants products on the Internet.
8. Respondent cites no authority or license for commercial use of Complainants trademarks.9. Although Respondent sought leave to file an Amended Response to the Complaint due to a missing page in the served original Complaint, no timely Amended Response has been filed.
CONCLUSION
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.
Complainant has valuable and legally protectable rights in the mark, "BLUERIDGEKNIFE,"
dating back nearly two decades. The mark at issue is identical in use by
Complainant and Respondent and is thus significantly confusing in source
and sponsorship in the mind of the public.
2. Respondent
has no legally protectable rights in the mark "BLUERIDGEKNIFE" and he has
refused to relinquish or transfer the domain, blueridgeknike.com, to Complainant.
3. I find
there to be ample showing of bad faith on the part of Respondent entitling
Complainant to relief as sought.DECISIONBased upon the above findings and
conclusions, and pursuant to Rule 4(i) of the ICANNs Rules for Uniform
Domain Name Dispute Resolution Policy and the National Arbitration Forums
Supplemental Rules to ICANNs Uniform Domain Resolution Policy, it is decided
as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "BLUERIDGEKNIFE.COM," REGISTERED BY RESPONDENT DEON CARPENTER, BE CANCELLED.Honorable James A. Carmody
Decision for Complainant