Domain name – Domain name dispute resolution policy – Legitimate interest – Legitimate usage -- Trademark rights –  Bad faith registration – Bad faith usage – Business plan.

Both Complainant and Respondent operate passenger boat lines in the Thousand Islands area of Ontario, Canada.  Complainant operates its business in Rockport, ON, while Respondent operates near Rockport, ON in Gananoque, ON and Ivy Lea, ON.  Respondent acquired the domain name “Rockportboatline.com” in June, 1996.

Held, Domain name not transferred to Complainant.

Respondent’s acquisition of the domain name “Rockportboatline.com” was in accordance with its goal to expand operations to the city of Rockport, ON, as set out in a five-year business plan.  This is evidenced by Respondent’s expansion to Ivy Lea, ON, and the addition to of a 300-passenger vessel to its fleet.  The Respondent has not registered or used the domain name in bad faith.

Policies Referred to

Uniform Domain Name Dispute Resolution Policy, adopted August 6, 1999

Edmund P. Karem, Panelist:-

The above entitled matter came on for an administrative hearing on May 9,2000 before the undersigned on the Complaint of Rockport Boat Line (1994)  Limited, hereinafter referred to as "Complainant", against Gananoque Boat line LTD, hereinafter referred to as "Respondent". Complainant was represented by Michael Ryan, 2263 Princess Street, Kingston, Ontario K7M3G1.

There was no representation on behalf of the Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: ROCKPORTBOATLINE.COM

Domain Name Registrar: Network Solutions

Domain Name Registrant: Gananoque Boat Line LTD

Date of Domain Name Registration: March 13, 2000

Date Complaint Filed: April 12, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c): April 24, 2000

Due date for a Response: May 14, 2000.

Respondent submitted a response dated May 1, 2000.

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 April 24, 2000 in compliance with 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, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced.

On March 13, 2000, Respondent registered the domain name "ROCKPORT  BOATLINE.COM" with Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with Internet Domain  Registrars, Respondent agreed to resolve any dispute regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution and the Uniform Domain Name Dispute Resolution Policy.

Any reference to "Rule" or "Rules" are to ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and Uniform Domain Name Dispute Resolution Policy as supplemented by the National Arbitration Forum's Supplemental Rules to ICANN's Uniform Domain Resolution Policy.

Complainant requests that ownership of the domain name be transferred from Respondent to Complainant.

FINDINGS OF FACT

Respondent registered the domain name, ROCKPORTBOATLINE.COM with Network Solutions on March 13, 2000. The domain name is in active status with Network Solutions.  Both the Complainant and the Respondent operate passenger boat lines in Ontario, Canada. Complainant operates its business out of Rockport Ontario  and Respondent operates its business in Gananoque and Ivy Lea. These locations are near the village of Rockport, Ivy Lea being two miles west of Rockport.

Both of the businesses service the 1000 Islands area by providing cruises and related activities.

Respondent adopted a business plan five years ago that provided for aggressive expansion. Pursuant to that plan, the second departure location for its boats was established in the village of Ivy Lea and a 300?passenger  vessel added to the fleet.

In 1997, Complainant established an internet presence as www.rockportcruises.com from which they currently operate. Respondent's acquisition of the domain name rockportboatline.com was in accordance with its expansion plans which include utilizing a federally owned wharf in the city of Rockport should such a wharf become available.                                

CONCLUSIONS

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.

There is no evidence that Respondent registered and is using the domain name rockportboatline.com in bad faith. While the circumstances listed in Paragraph 4(b) of the Dispute Resolution Policy are not exclusive, it is the  finding of the Arbitrator that the registration and use by Respondent does not meet the criteria of any of the four circumstances listed in ICANN Policy 4(b).

The ICANN Dispute Resolution Policy 4(a) requires that each of the three elements listed therein must be proven to be present for the Complainant to prevail and the evidence does not lead to a conclusion that any of the elements are present in this case. 

DECISION

Based upon the findings and conclusions, it is decided as follows:

THE UNDERSIGNED DIRECTS THAT THE COMPLAINT BE DISMISSED AND THAT THE DOMAIN NAME ROCKPORTBOATLINE.COM NOT BE TRANSFERRED FROM RESPONDENT, GANANOQUE BOAT  LINE LTD, TO COMPLAINANT, ROCKPORT BOAT LINE (1994) LIMITED.

Dated: May 10, 2000, Edmund P. Karem, (Ret. Ky. Circuit Court Judge), Arbitrator