, Inc. v. Intertainment Inc.

[Indexed as: v. Intertainment]
[Indexed as:]

National Arbitration Forum
Domain Name Dispute Administrative Panel Decision

Case No.: FA 0001000092973
Commenced: January 11, 2000
Judgment: March 7, 2000

Presiding Arbitrator: Robert S. Brant

Domain name registration - Internet prescription drugs - On-line medical information - Confusing similarities - Trade name - Trademark - Bad faith registration.

The Complainant, a company selling pharmaceuticals and health care products over the Internet, has applied to register their marks PLANETRX and PLANETRX.COM .  They are alleging that the Respondents have registered their domain name in bad faith as it bears no relationship to its trade name, World Express Rx.

Held, Respondent’s Domain Name Cancelled.

It was apparent that the Respondent had registered to disrupt the Complainant’s business, resulting in bad faith.

Findings and Conclusions

The Complainant is a California-based company that sells over the Internet prescription drugs, over-the- counter remedies, and health and beauty aids, as well as providing on-line medical information. It has registered the domain name PLANETRX.COM. The Complainant has applied to register the marks PLANETRX and PLANETRX.COM.
The Respondent is a London-based competitor that has registered the domain name That domain name bears no relationship to the Respondent's trade name, World Express Rx. When a consumer types the name, they are taken to the home page of the Respondent.
It is apparent that the Respondent has registered to disrupt the Complainant's business. The Respondent has acted in bad faith. 

The Respondent's domain name is canceled.

Domain Name Transferred