Domain name – Domain name dispute resolution policy – U.S. Trademark– Logo – Protection of intellectual property - Identical - Confusingly similar – Rights – Legitimate interests – Domain name not in use - Bad faith registration – Bad faith use - Resell.

Complainant has registered the both “FSSR” mark and logo with the United States Patent and Trademark Office. Complainant contends that thousands of members use its Financial Strategies for Successful Retirement (FSSR) and that a considerable amount of resources have been spent protecting Complainant’s intellectual property. Respondent registered the domain name “fssr.com”. 

Held, Name Transferred to Complainant.

Not only is the domain name at issue identical to Complainant’s registered “FSSR” mark, but it is also confusingly similar to the registered logo and non-acronym version of Complainant’s registered marks.
Respondent does not have rights or legitimate interests in “fssr.com”. Respondent is not presently using the domain name and the Panel anticipates that should the domain name be activated, Respondent would use it to create confusion and divert Complainant’s FSSR customers. 
Respondent registered and used the domain name in bad faith as Respondent registered the domain name to resell it for a sum far in excess of out of pocket costs. 

Policies referred to:
ICANN Uniform Domain Name Dispute Policy
Registration Agreements referred to:
Network Solutions Service Agreement Version 5.0

Wickersham, Panelist:-
PARTIES
The Complainant is Successful Money Management Seminars, Inc., Tualatin, OR, USA ("Complainant"). The Respondent is Financial Life Service of California, Los Gatos, CA, USA ("Respondent").
REGISTRAR AND DISPUTED DOMAIN NAME(s)
The domain name at issue is "FSSR.COM", registered with Network Solutions Inc. ("NSI").
PANELIST(s)
Judge Richard B. Wickersham, (Ret.), as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to National Arbitration Forum ("The Forum") electronically on 06/21/2000; The Forum received a hard copy of the Complaint on 06/21/2000.
On 06/26/2000, NSI confirmed by email to The Forum that the domain name "FSSR.COM" is registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 5.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN's UDRP.
On 07/06/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 07/26/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via email, post and fax, and to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts by email.
On July 21, 2000, pursuant to Complainant's request to have the dispute decided by a Single Member panel, The Forum appointed Judge Richard B. Wickersham, (Ret.), as Panelist.

RELIEF SOUGHT
The Complainant requests that the domain name be transferred from the Respondent to the Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant contends as follows:
1. The manner in which the domain name is identical or confusingly similar to a registered trademark. This domain name is both identical and confusingly similar to several of Complainant, Successful Money Management Seminars, Inc.'s (SMMS, Inc.) Registered Trademarks;
2. SMMS, Inc., the Complainant, is a financial education company in business since 1984. It has a large number of marks (over 48) that are registered with the United States Patent and Trademark Office that include FSSR, Financial Strategies for Successful Retirement, SMMS, Successful Money Management Seminars, VARRIX, Lifelong Financial Security, Successful Business Owners Seminar, and many logos corresponding to these names;
3. The trademarks at issue in this case specifically are: Financial Strategies for Successful Retirement, August 17, 1993, Reg. No. 1,788,990 and the FSSR logo, February 23, 1993, Reg. No. 1,753,875 and FSSR on February 22, 2000, Reg. No. 2,321,789 with date of first use at least as early as February 1990;
4. The domain name www.FSSR.com is identical to one of the Complainant's federally registered trademarks. Moreover, it is confusingly similar to the registered logo and non-acronym version of the registered trademark and other registered trademarks;
5. The record is very clear as to ownership of the mark by the Complainant. Complainant is in the business of creating and selling educational seminar systems to financial planners. FRRS is the name of a seminar, their product, a workbook, and an entire division of the company. Complainant has many thousands of members with FSSR systems and spends considerable company resources creating and protecting it's intellectual property;
6. Complainant has spent considerable time and money promoting its e-commerce business division, which is rapidly growing. It utilizes an Internet website located at www.SMMS.com. Furthermore, SMMS markets seminars under several names; Successful Money Management Seminars, or SMMS, Financial Strategies for Successful Retirement, or FSSR, Lifelong Financial Security and many single topic seminars. It is likely that consumers who attend or are seeking to attend an FSSR seminar would be confused to arrive at Respondent's inactive website;
7. Respondent's domain name are external labels that, on their face, cause confusion among Internet users and may cause Internet users who seek Complainant's website to expend time and energy accessing Respondent's website.
B. Respondent
Respondent contends that:
1. The Complainant SMMS is using the ICANN arbitration process to elevate past business and marketing decision errors for financial gain;
2. The intentional misstatement of facts by SMMS is in bad faith to ICANN;
3. SMMS had knowledge of the registration of FSSR.COM since 1995 to June 2000. SMMS did not notify the Respondent of any claim or file legal proceedings to any rights to use the acronym, sales mark or license rights;
4. Respondent further contends that the beginning of the ICANN process justified SMMS to obtain a service mark in 1999. The intent was to circumvent the rights and use of the site by the Respondent for financial gain. SMMS, after receiving the sales mark FSSR, waited another year plus to make contact with the Respondent. The complaint filed is using the sales mark for justification;
5. Respondent further asserts that Respondent never asked for money, nor registered the domain name for a profit. The Complainant SMMS has been the only beneficiary financially from the website.
a. SMMS was very late setting up their site SMMS.COM and notified license holders in a January 13, 2000 announcement;
b. Potential SMMS Licensees where told to visit our site for information;
c. SMMS Licensees sent their prospects to our site for information.

FINDINGS
I. Complainant is Successful Money Management Seminars, Inc. of Tualatin, Oregon and the Respondent is Financial Life Services of California, Los Gatos, California. The domain name that is the subject of the complaint is FSSR.COM which is registered with Network Solutions, Inc., of Herndon, Virginia. FSSR is an abbreviation of Financial Strategies for Successful Retirement.
II. As stated, Network Solutions is the Registrar of the FSSR.COM domain name registration which is in active status. The record was created November 24, 1995.
III. SMMS, Inc., (Successful Money Management Seminars, Inc.), is the registered trademark of SMMS, Inc., the Complainant. Complainant is a financial education company in business since 1984. It has a large number of marks (over 48) that are registered with the United States Patent and Trademark Office that include FSSR, Financial Strategies for Successful Retirement, SMMS, Successful Money Management Seminars, and others.
IV. Specifically, FSSR was is a trademark registered August 17, 1993, Reg. No. 1,788,990 and the FSSR logo registered February 23, 1993 as Reg. No. 1,753,875 and FSSR on February 22, 2000, Reg. No. 2,321,789, with the date of first use as early as February 1990.

V. The domain name, www.FSSR.com, is identical to one of the Complainant’s federally registered trademarks.
VI. Moreover, it is confusing similar to the registered logo and non-acronym version of the registered trademark and other registered trademarks.
VII. Complainant alleges and I find that the record is clear as to the ownership of the mark by the Complainant. The Complainant is in the business of creating and selling educational seminar systems to financial planners. FSSR is the name of a seminar, Complainant's product, a workbook and an entire division of the company. Complainant alleges and I find that it has thousands of members with FSSR systems and spends considerable company resources creating and protecting it's intellectual property.

VIII. Complainant alleges and I find that it has spent considerable time and money promoting its e-commerce business division which is rapidly growing. It utilizes an Internet website located at www.SMMS.com, and markets seminars under several names including Successful Money Management Seminars or SMMS, Financial Strategies for Successful Retirement or FSSR and others.

IX. I find further that Respondent admits that he is not presently using the domain name. When access to the site www.FSSR.com is requested the statement "www.FSSR.com is Not Available" appears. 
DISCUSSION:
Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") directs that the Complainant must prove each of the following three elements to support a claim that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name;
and
(3) the domain name has been registered and is being used in bad faith.
Identical and/or Confusingly Similar
The domain name www.FSSR.com is identical to one of the Complainant's federally registered trademarks. Moreover, it is confusingly similar to the registered logo and non-acronym version of the registered trademark and other registered trademarks.
Rights or Legitimate Interests
Respondent admits that he is not presently using the domain name. We find that Respondent has no rights or legitimate interest in the domain name. Should Respondent activate the domain name, I find that Respondent will utilize the name to create confusion and divert and usurp SMMS's FSSR customers.
Registration and Use in Bad Faith
I find that Respondent's correspondence as submitted with the paper work, supports the inference that he registered the domain name for the purpose of resale and has recently demanded the sum of $50,000, far in excess of actual costs of maintaining the domain name. I find, according to Section 4(b) of the Rules, that such evidence is evidence of both bad faith registration and use. I find that Respondent registered the domain name with full knowledge of the Complainant's trademark rights.

DECISION
I find in favor of the Complainant, Successful Money Management Seminars, Inc., and against the Respondent, Financial Life Services of California and hereby ORDER and DIRECT the transfer of WWW.FSSR.COM to Complainant from Respondent.
  Judge Richard B. Wickersham, (Ret.)
July 31, 2000