P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com
Phillip S. Martin, d/b/a Blue Ridge Knives
COMPLAINANT
vs.
Deon Carpenter
RESPONDENT
DECISION
FILE NO.: FA0002000094311
The above-entitled matter came on for
an administrative hearing on April 25, 2000 before the undersigned arbitrator
on the Complaint of Phillip S. Martin, d/b/a Blue Ridge Kives, represented
by Susan B. Flohr, Esq., Lalos &
Keegan, 1146 19th St.,
NW, Washington, D.C. 20036 ("Complainant"), against Deon Carpenter
("Respondent"). Upon the written submitted
record including
the Complaint and the Response to the Complaint, (the Reply to the Response
submitted by the
Complainant was not requested under the rules and was
not considered) the following DECISION is rendered:
PROCEDURAL FINDINGS
Domain Name: blueridgeknife.com
Domain Name Registrar: Network Solutions,
Inc.
Domain Name Registrant: Carpenter, Deon W.
Date of Domain Name Registration: September
6, 1999
Date Complaint Filed: March 15, 2000
Date of Commencement of the Administrative
Proceeding in Accordance with Rule 2(a) and
Rule 4(c): March 16, 2000.
Due Date for Response: April 10, 2000. Response
was not timely filed but was considered due to the need to reserve a
missing page of the Complaint following the Response date.
After reviewing the Complaint, and determining
it to be in administrative compliance, the National Arbitration Forum
("Forum") forwarded the Complaint to the Respondent, on March
16, 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. that the administrative
proceeding had commenced. The Complaint was then docketed and
forwarded
to the undersigned arbitrator for decision. Respondent submitted a tardy
response to the Forum.
FINDINGS OF FACT
-
On March 18, 2000, Network Solutions,
Inc. confirmed that Respondent registered the domain name "blueridgeknife.com"
under the registrant name Carpenter, Deon W., P.O. Box 478, Geneva,
AL 36340, showing himself as
Administrative Contact. Network Solutions
acknowledged the commencement of this administrative proceeding
and that the Network Solutions Service Agreement Version 4.0 binds
the Respondent. Accordingly, Respondent
agreed to resolve any
dispute regarding its domain name registration pursuant to ICANN’s
Rules
for Uniform Domain Name Dispute Resolution Policy and the
Uniform Domain Name Dispute Resolution Policy. Neither
the Complainant
nor Respondent contests the jurisdiction of the Forum or the undersigned
arbitrator
to resolve this controversy.
-
Complainant is the owner of incontestable
trademarks registered with the United States Patent and Trademark
Office under Reg. No. 1,766,414 and Reg. No. 1,766, 415, the marks
being "BLUE RIDGE KNIVES" and "BLUE
RIDGE KNIVES"
& Design. These trademark registrations issued in 1993 and
followed use of the
marks since 1980 in connection with cutlery,
various types of knives and paraphernalia and flashlights.
-
Complainant discovered in September
of 1999 that Respondent, apparently a reseller of Complainant’s
knives at retail, was in the unauthorized process of marketing
knives over the Internet using the domain
name "blueridgeknife.com."
Complainant states that such use misled the public as to the authorization,
sponsorship, affiliation or connection between Complainant and
Respondent. Complainant says that Respondent
has no rights in
the trademark which is identical to the domain name and that Respondent
is seeking
commercial gain by wrongful use of the mark and is
misleading and diverting customers.
-
Complainant alleges sending a cease
and desist letter on September 21, 1999, the receipt of which
is denied by Respondent.
-
Complainant seeks cancellation of
Respondent’s registration of the domain name "blueridgeknife.com"
rather than transfer of the name to Respondent. No other pending
legal proceedings are alleged by either
party.
-
Respondent alleges that the web page,
blueridgeknife.com, was registered as a service to the public
to assist it in linking to WeaponsDealer.com and future similar
links related to Respondent.
-
Respondent states that the domain
web page at issue actually praises Complainant’s products
and are associated with sales of over $27,000 worth of Complainant’s
products. Respondent says that he fears
that Complainant is maintaining
this proceeding in the course of setting up a new "Retail
Outlet"
for Complainant’s products on the Internet.
-
Respondent cites no authority or
license for commercial use of Complainant’s trademarks.
-
Although Respondent sought leave
to file an Amended Response to the Complaint due to a missing
page
in the served original Complaint, no timely Amended Response
has been filed.
CONCLUSION
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:
-
Complainant has valuable and legally
protectable rights in the mark, "BLUERIDGEKNIFE," dating
back
nearly two decades. The mark at issue is identical in use
by Complainant and Respondent and is thus significantly
confusing
in source and sponsorship in the mind of the public.
-
Respondent has no legally protectable
rights in the mark "BLUERIDGEKNIFE" and he has refused
to
relinquish or transfer the domain, blueridgeknike.com, to Complainant.
-
I find there to be ample showing
of bad faith on the part of Respondent entitling Complainant to
relief as sought.
DECISION
Based upon the above findings and conclusions,
and pursuant to Rule 4(i) of the ICANN’s Rules for Uniform Domain
Name Dispute Resolution Policy and the National Arbitration Forum’s
Supplemental Rules to ICANN’s
Uniform Domain Resolution Policy,
it is decided as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN
NAME "BLUERIDGEKNIFE.COM," REGISTERED BY RESPONDENT
DEON CARPENTER, BE CANCELLED.
Signed this 25th day of April 2000 by
Judge James A. Carmody (Retired), arbitrator.
Honorable James A. Carmody
