Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA

Complainant:

Block Drug Company, Inc.
257 Cornelison Ave.
Jersey City, NJ 07302
email: David_J_Schuman@blockdrug.com
(201) 434-3000, x-1505 (Telephone)
(201) 451-2534 (Facsimile)

Respondent:

Targon Domain
54 Valtaktu
Lappeenranta, Kymi 53100
FI
email: Targon@INTERNATIONALLY.COM
Unlisted (Telephone)
(818) 475-1482 (Facsimile)

Decision
File Number: FA000300094260
Filing Date: 03/07/00

DOMAIN NAME DISPUTE ADMINISTRATIVE PANEL DECISION

Domain Name(s): "Targon.com"

Domain Name Registrar: Network Solutions, Inc.

Date of domain name registration: 11/7/99

Date Complaint was sent to Respondent in accordance with Rule 2(a): 03/7/00

Response Due Date: 03/30/00

Response Date: 03/31/00

PROCEDURAL FINDINGS

On March 7, 2000 the Complainant, Block Drug Company, Inc., filed its complaint with the National Arbitration Forum ("The Forum") pursuant to the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"). After reviewing the Complaint for administrative compliance, The Forum transferred the Complaint to the Respondent, Targon Domain, 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, ICANN and the Complainant that the administrative proceeding had commenced.

The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with Network Solutions, the Respondent agreed to resolve any dispute regarding its domain name through ICANN’s Uniform Domain Name Dispute Resolution Policy.

The Complaint is based on the following trademark or service mark: "TARGON", registered April 23, 1996, with the United States Patent and Trademark Office.

The above-captioned matter came on for an administrative hearing on April 11, 2000 before the Honorable Charles K. McCotter, Jr. (Ret.), Arbitrator. This matter is submitted for decision in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the "Policy") and Rules (the "Rules"). Upon the written submitted record, and the following findings and conclusions, I find for the Respondent.

FINDINGS OF FACT

1.The Complainant Block Drug Company, Inc. owns U.S. Trademark Mark

Registration No.1,970,374, for "TARGON". The trademark was initially registered April 23,1996, by Jeffrey Mitchell Laboratories, who assigned the trademark to the Complainant on February 12, 1997. The Complainant manufactures and distributes Targon Smokers’ mouthwash throughout the United States.

2. The Complainant makes the following conclusory allegations concerning Respondent’s rights to the domain name:

Respondent does not use the domain name in connection with a bona fide offering of goods or services. Nor is Respondent commonly known by the domain name in dispute. Respondent is in the business of registering domain names and selling such names for profit, i.e. in excess of the costs related to registration of the domain names. Therefore, Respondent does not have any legal rights to the domain name.

3. The Complainant makes the following conclusory allegations concerning registration of the domain name in bad faith:

Respondent registered Complainant’s trademark as a domain name in an attempt to sell the domain name arguably to either Complainant or one of its competitors for a cost in excess of the out-of-pocket costs directly related to the domain name. Complainant contacted Respondent, via e-mail and facsimile, prior to submitting this complaint . . . . Respondent did not respond to Complainant’s correspondence and is continuing to try to sell the domain name.

4. The Complainant fails to support the above allegations with any facts.

5. Network Solutions confirms the following registrant information for the domain name "TARGON.COM":

Registrant:

TARGON DOMAIN (TARGON5-DOM)

Targon Design, 54 Valtakatu

Lappeenranta, Kymi 53100

FI

6. TARGON LTD., at the same address as the Respondent, has responded to the Complaint and contends that it is the Registrant of the domain name. The Respondent contends that it is not in the business of registering or selling domain names and has not offered the domain name for sale, but intends to use the domain name for its own business purposes.

CONCLUSIONS

Paragraph 4(a) of the Policy requires that the Complainant must prove each of the

following:

The Complainant has failed to show the second and third elements.

DECISION

I certify that I have acted independently and have no known conflict of interest to serve as the arbitrator in this proceeding. Having been duly selected and being impartial, I enter the following decision:

Based upon the above findings and conclusions, I find in favor of the Respondent. Therefore, the relief requested by the Complainant pursuant to Paragraph 4.i of the Policy is Denied. The Respondent shall not be required to cancel or to transfer to the Complainant the domain name "TARGON.COM."

This 11th day of April, 2000.

Charles K. McCotter, Jr.

Arbitrator