Domain name - Domain name dispute resolution policy - Trademark – Continual Use – Sale of Domain Names for Profit – Bad faith registration - Bad faith use – Identical – Confusingly Similar.

Complainant is owner of trademark “Soundscape”, which it uses in its business nationally and internationally.  Respondent registered the domain name SOUNDSCAPE.COM.  Complainant alleged that Respondent registered the domain name in 1995 in the face of Complainant’s trademark filing, has made no legitimate use of the domain name, has no business related to the name “Soundscape”, and is using it in bad faith.  In fact, Respondent appears to be in the business of selling domain names for profit.

Complainant had used this mark for eight years to promote its products prior to Respondent’s registration of SOUNDSCAPE.COM.  Complainant has invested substantial sums of money in developing and marketing its products with its trademark attached and has continually used this mark.

Held, Name Transferred to Complainant.

The domain name as registered by Respondent is identical or confusingly similar to a trademark in which Complainant has rights and Respondent has no rights or legitimate interest.  Respondent registered the domain name SOUNDSCAPE.COM primarily for the purpose of selling it to Complainant, or to a competitor of Complainant, for valuable consideration in excess of Respondent’s costs related to the domain name.  Thus, Respondent registered and used the domain name in bad faith.

Policies referred to:

Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999

Bender, Arbitrator: -

The above entitled matter came on for an administrative hearing on March 15, 2000 before the undersigned on the Complaint of Soundscape, Inc., hereafter “Complainant”, against Soundscape, hereafter “Respondent”. Complainant was represented by Michael S. Yang, Esq., Two North Charles Street, Suite 750, Baltimore, MD 21201. Respondent did not appear. Upon the written submitted record, the following DECISION is made: 

PROCEDURAL FINDINGS

Domain Name: SOUNDSCAPE.COM

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Soundscape

Date of Domain Name Registration: July 26, 1995

Date Complaint Filed: March 17, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c): March 21, 2000

Due date for a Response: April 13, 2000. Respondent submitted no Response.

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 March 21, 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., the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent submitted no response. On July 26, 1995, Respondent registered the domain name BORDERPATROL.COM with Network Solutions, Inc., the entity that is the “Registrar” of the domain name. On March 21, 2000, the Registrar verified that Respondent is the Registrant for the domain name SOUNDSCAPE.COM, and that further by registering its domain name with the Registrar, Respondent agreed to resolve any dispute regarding its domain name through the Registrar's rules which incorporate ICANN’s Rules for Uniform Domain Name Dispute Resolution.

FINDINGS OF FACT

1. That Complainant is the owner of a trademark made up of the terms “Soundscape”.  Complainant has for 8 years prior to Respondent's registration used the mark “Soundscape” in its business nationally and internationally, which is a significant method of promoting Complainant's products.

2. That Complainant has invested substantial sums of money in developing and marketing its products with its trademark affixed. Complainant has continually utilized its trademark. 

3. That Respondent registered the domain name SOUNDSCAPE in bad faith and has no rights or legitimate interests in respect to said domain name or mark. The following is evidence of Respondent's bad faith:

a. That Respondent registered the domain name in 1995 in the face of Complainant’s trademark filing.

b. That Respondent has made no legitimate use of the domain name SOUNDSCAPE.

c. It has no business related to the name “Soundscape”.

d. It has not responded to inquiries of the Complainant, the Registrar, or this Forum.

e. Respondent appears to be in the business of selling domain names for profit.

4. Complainant's prayer for relief requests that the domain name SOUNDSCAPE.COM be transferred from Respondent to Complainant.

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:

1. The domain name SOUNDSCAPE.COM, registered by Respondent in 1995 with Network Solutions, Inc., is identical to Complainant's trademark in existence 8 years prior thereto and is identical and confusingly similar to such trademark in which Complainant has rights and to which Respondent has no right or legitimate interests. 

2. Respondent registered and acquired the domain name SOUNDSCAPE.COM primarily for the purpose of selling or otherwise transferring the said domain name registration to the Complainant who is the owner of the trademark, or to a competitor of the Complainant, for valuable consideration in excess of Respondent’s out-of-pocket costs directly related to the domain name. 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 SOUNDSCAPE.COM REGISTERED BY RESPONDENT SOUNDSCAPE BE TRANSFERRED TO COMPLAINANT SOUNDSCAPE, INC.

Dated: April 26, 2000
By Honorable John A. Bender, 
Arbitrator