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 Complainant’s 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 Complainant’s 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
Respondent’s 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 ICANN’s 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 Complainant’s 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 Respondent’s bad faith:
a. That Respondent first registered the domain name August 29, 1999, long after Complainant’s 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. Respondent’s profit motive is evidenced by his offer to sell said domain name as documented within his correspondence with Complainant.
5. Complainant’s 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 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 “truesoups.com” REGISTERED BY RESPONDENT Alex Shchekin & Associates BE TRANSFERRED TO COMPLAINANT TRUESOUPS, LLC.