Generic Top Level Domain Name (gTLD) Decisions

THE NATIONAL ARBITRATION FORUM
P. O. BOX 50191
MINNEAPOLIS, MINNESOTA 55405 USA

____________________________________________

Wayne Shaw
23792 Rockfield, #200
Lake Forest, CA 92630,

COMPLAINANT

vs.

Daniel Fitzgerald
417 N. Lemon St.
Orange, CA 92866,

RESPONDENT

FORUM FILE NO: FA0002000093770

____________________________________________

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.