[Indexed as: Wayne Shaw v. Daniel Fitzgerald]
[Indexed as: Soloinsurance.com]
National Arbitration Forum
Arbitrator Decision
Decision File No. FA0002000093770
Commenced: 21 February 2000
Judgement: 30 March 2000
Presiding Arbitrator: Judge Daniel B. Banks
Domain name Domain name dispute resolution policy Incorporated name Domain name identical Confusion Bad faith registration Bad faith use
Complainant established and incorporated Solo Insurance Service Inc. (SISI), auto insurance broker. Respondent registered Soloinsurance.com. Respondent does not sell insurance. Complainant alleged that the Respondents registered domain name, Soloinsurance.com, is identical to the Complainants incorporated name. Complainant also alleged that the Respondent registered the domain name in bad faith.
Held, Name Cancelled
Complainant must establish both bad faith registration and bad faith use.
The registered domain name Soloinsurance.com is identical to the Complainants corporate name. The Respondent has no right or legitimate interest in the said name. This is bad faith registration.
The Respondent uses the domain name Soloinsurance.com to compete
with the Complainants long established insurance business. Its use creates
a likelihood of confusion with the Complainants corporate name as to the
source, sponsorship, affiliation, or endorsement of the web site. This
is bad faith use.
Policies Referred to
Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999
DECISION
The above-entitled matter came on for an administrative hearing on
March 23, 2000 before the undersigned on the Complaint of Wayne Shaw, hereafter
"Complainant", against Daniel Fitzgerald, hereafter "Respondent". There
was no representation on behalf of either Complainant or Respondent. Upon
the written submitted record, the following DECISION is made:
PROCEDURAL FINDINGS
Domain Name: Soloinsurance.com
Domain Name Registrar: Notary ASAP
Domain Name Registrant: Daniel Fitzgerald
Date Complaint Filed: February 14, 2000
Date of Commencement of Administrative Proceeding in Accordance with
Rule 2(a) and Rule 4(c): February 21, 2000
Due date for a Response: March 15, 2000. Respondent did submit a response
to the Complaint on March 13, 2000.
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 February 14, 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 Notary ASAP, the Internet
Corporation for Assigned Names and Numbers (ICANN), and the Complainant
that the administrative proceeding had commenced. Respondent submitted
his response on March 13, 2000.
From the information submitted, it appears that the Respondent registered
the domain name Soloinsurance.com on or about December 23, 1999. By such
registration, the Respondent agreed to resolve any dispute regarding his
domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution
Policy.
FINDINGS OF FACT
1. That Complainant established and incorporated
his business of Solo Insurance Service, Inc. (SISI) in 1988. Since that
time, SISI has built a customer base of thousands of insurance policyholders
throughout Southern California. In the course of building this customer
base, Complainant has spent hundreds of thousands of dollars in advertising
on television, radio, in the yellow pages, newspapers, flyers and billboards.
As a consequence, SISI has built one of the largest non-standard auto insurance
brokerages in California.
2. Respondent does not sell insurance
and has registered and used the domain name Soloinsurance.com as an information
site for individuals shopping for insurance.
3. The domain name Soloinsurance.com
is identical to Complainant's corporate name in which the Complainant has
rights.
4. That the Respondent has no legitimate
interests in respect of the domain name.
5. That the domain name has been registered
and used in bad faith. Evidence of bad faith exists because the Respondent
is intentionally using said name to attract, for commercial gain, Internet
users interested in insurance coverage to his web site or other on-line
location by creating a likelihood of confusion with the Complainant's corporate
name as to the source, sponsorship, affiliation, or other endorsement of
the web site.
6. Complainant's prayer for relief requests
that the Complaint discontinue use of the domain name "Soloinsurance.com".
CONCLUSION
The undersigned certifies that he has acted independently and has no
know 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 "Soloinsurance.com",
registered to the Respondent on or about December 23, 1999 with Notary
ASAP is identical to Complainant's corporate name and is confusing as used
in competition with Complainant's business of selling insurance. Further,
Respondent has no right or legitimate interests in said name.
2. Respondent registered, acquired and
uses the domain name "Soloinsurance.com" primarily for the purpose of competing
with Complainant's long established insurance business and such use creates
a likelihood of confusion with the Complainant's corporate name as to the
source, sponsorship, affiliation, or endorsement of the web site. As such,
the Respondent has used the name in bad faith as defined by ICANN rules.
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 "Soloinsurance.com" REGISTERED
BY RESPONDENT DANIEL FITZGERALD BE CANCELLED.
Dated: March 30, 2000,
by Judge Daniel B. Banks, Jr.,
Arbitrator.
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