TRUESOUPS, LLC
v.
ALEX SHCHEKIN & ASSOCIATES
[Indexed as: Truesoups and Shchekin]
[Indexed as: TRUESOUPS.COM]
National Arbitration Forum
Administrative Panel Decision
Forum File No.: FA0004000094667
Commenced: 3 May, 2000
Decision: 7 June, 2000
Presiding Panelist: Justice Anthony J. Mercorella (ret.), Arbitrator
Domain name Domain name dispute resolution policy U.S. Trade Mark Identical Confusingly similar.
Complaint is the owner of the United States trademark registrations for truesoups.com which is a recognized mark in the food service industry. Respondent registered domain name identical to Complainants trademark. Respondent offered to sell domain name to Complainant.
Held, Name Transferred to Complainant.
The domain name truesoups.com registered by Respondent was found to be confusingly similar to Complainants trademark to which Complainant has rights and Respondent does not. Arbitrator finds that Respondent did register the domain name truesoups.com in bad faith and has no rights or legitimate interests in respect to said domain name. Evidence of bad faith includes registering the domain name after is was already in use by Complainant and registering the domain name only with an underlying motive for profit.
Policies Referred to:
ICANN Rules for Uniform Domain Name Dispute Resolution Policy
Uniform Domain Name Resolution Policy as supplemented by the National
Arbitration Forum's Supplemental Rules to ICANN's Uniform Domain Resolution
Policy [2(a), 4(c), 4(d), 4(I) 5(a)]
PROCEDURAL FINDINGS
Domain Name: truesoups.com
Domain Name Registrar: Network Solutions, Inc.
Domain Name Registrant: Alex Schekin & Associates
Date of Domain Name Registration: August 29, 1999
Date Complaint Filed: May 3, 2000
Date of Commencement of Administrative Proceeding in accordance with
Rule 2(a)[1] and Rule 4(c): May 3, 2000
Respondents Response in accordance with Rule 5(a): None Received
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 May 3, 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 failed to submit a response to The Forum pursuant to Rule 5(a) on or before May 23, 2000.
On August 29, 1999, Respondent registered the domain name truesoups.com with Network Solutions, Inc., the entity that is the Registrar of the domain name. On May 10, 2000, Network Solutions, Inc. verified that Respondent is the Registrant for the domain name truesoups.com, and that further by registering its domain name with Network Solutions, Inc., Respondent agreed to resolve any dispute regarding its domain name through ICANNs Rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.
FINDINGS OF FACT
1. That Complainant is the owner of the United States trademark registrations
for the mark TRUESOUPS. The TRUESOUPS mark is recognized nationally in
the food service industry.
2. That Complainant has used the TRUESOUPS mark early as 1989. The
registered domain is identical to Complainants trademark.
3. That Complainant has invested substantial sums of money in developing
and marketing its services and marks.
4. That Respondent registered the domain NAME truesoups.com in bad
faith and has no rights or legitimate interests in respect to said domain
name. The following is evidence of Respondents bad faith:
a. That Respondent first registered the domain name August 29, 1999,
long after Complainants adoption and first use of the mark.
b. That Respondent has made no legitimate use of the domain name and
he seeks to profit from the registration of said domain name by trading
upon the goodwill associated with the TRUESOUPS mark. Respondents profit
motive is evidenced by his offer to sell said domain name as documented
within his correspondence with Complainant.
5. Complainants prayer for relief requests that the domain name truesoups.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 truesoups.com, registered by Respondent August
29, 2000 with Network Solutions, Inc. is nearly identical and confusingly
similar to the TRUESOUPS mark in which Complainant has the sole right
and to which Respondent has no right or legitimate interests.
2. Respondent registered and acquired the domain name truesoups.com
primarily for the purpose of selling or otherwise transferring the said
domain name registration for valuable consideration in excess of Respondents
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 truesoups.com REGISTERED
BY RESPONDENT Alex Shchekin & Associates BE TRANSFERRED TO COMPLAINANT
TRUESOUPS, LLC.