[Indexed as: PlanetRx.com v. Intertainment]
[Indexed as: PlanetRxx.com]
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 PlanetRxx.com in bad faith as it bears no relationship to its trade name, World Express Rx.
Held, Respondents Domain Name Cancelled.
It was apparent that the Respondent had registered PlanetRxx.com to disrupt the Complainants 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 PlanetRxx.com. That domain name bears no relationship to the
Respondent's trade name, World Express Rx. When a consumer types the name
PlanetRxx.com, they are taken to the home page of the Respondent.
It is apparent that the Respondent has registered PlanetRxx.com to
disrupt the Complainant's business. The Respondent has acted in bad faith.
Decision
The Respondent's domain name PlanetRxx.com is canceled.
Domain Name Transferred