Domain name – Domain name dispute resolution policy – Name of law firm – Confusingly similar – Identical - Bad faith registration – Bad faith use – Pattern of bad faith conduct.

Complainant alleges that the domain name STRASBURGERANDPRICE.COM, owned by Respondent, is identical to the name in which Complainant has rights and that the domain name STRASBURGERPRICE.COM, also owned by Respondent, is confusingly similar to the name in which Complainant has rights.

HELD, Name transferred to Complainant.

Complainant is a Dallas-based law firm with offices in other cities.  It appears on the 1999 National Law Journal list of the nation’s 250 largest firms. Respondent has registered dozens of domain names using the names of firms on the list.  Each site contains the same message:  the firm name followed by the words “comedy club,” a statement that the site is under construction, language about and definitions of parasites, and pictures of strange-looking creatures.

The domain name STRASBURGERANDPRICE.COM is identical to the name in which Complainant has rights and STRASBURGERPRICE.COM is confusingly similar to the name in which Complainant has rights. Respondent has no rights or legitimate interest in either name. Respondent has registered the name and is using the name to prevent Complainant from using it.  Respondent has engaged in a pattern of such conduct with regard to dozens of other large law firms.

Policies referred to

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

Registration Agreements referred to

Registration Agreement with Registrar.com, effective February 19, 2000

Administrative Decision referred to
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Brandt, Arbitrator: -
 

This domain name dispute was heard by the undersigned Arbitrator pursuant to the ICANN Uniform Domain Name Dispute Resolution Policy upon the written submissions of the parties. 
 

Procedural Findings

   1.Domain names: STRASBURGERPRICE.COM and
      STRASBURGERANDPRICE.COM. 
   2.Domain names registrar: Registrar.com 
   3.Domain names registrant: NameIsForSale.com. 
   4.Date of domain registrations: February 19, 2000. 

After reviewing the complaint and determining it to be in administrative compliance, the National Arbitration Forum ("Forum") forwarded the complaint to the Respondent on March 10, 2000, in compliance with Rule 2(a) of the ICANN Rules for Uniform Domain Name Dispute Policy. The administrative proceeding was commenced pursuant to Rule 4(c).  The Forum immediately notified Registrar.com. The Complainant elected to have the administrative proceeding conducted by a single arbitrator and paid the appropriate fee. The Respondent did not respond. The Complaint was docketed and forwarded to the Arbitrator for decision. 

                            
Findings of Fact

The Complainant is a Dallas-based law firm with offices in other Texas cities and in Mexico City. It appears on the 1999 National Law Journal list of the nation’s 250 largest firms. The Respondent has registered dozens of domain names using the names of firms on the list. Each site contains the same message: the firm name followed by the words
"comedy club," a statement that the sites are under construction, language about and definitions of parasites, and pictures of strange-looking creatures. 
 
 
 

Conclusions

The domain name STRASBURGERANDPRICE.COM is identical to the name in which the complainant has rights, and the domain name STRASBURGERPRICE.COM is confusingly similar to the name in which the Complainant has rights. An Internet user entering the Complainant’s name gets the Respondent’s site about parasites and comedy clubs. 

The Respondent has no rights or legitimate interest in either name.

The Respondent has registered the name and is using the name to prevent the Complainant from using it. The Respondent has engaged in a pattern of such conduct with regard to dozens of other large law firms. 
 

Decision

The domain names STRASBURGERPRICE.COM and STRASBURGERANDPRICE.COM are transferred to the Complainant. 

Robert S. Brandt, Arbitrator
Date: May 18, 2000