P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com
Traditions Ltd., a Minnesota Corporation
COMPLAINANT,
vs.
noname.com,
RESPONDENT.
DECISION
Forum File No.: 0004000094388
The above entitled matter came on
for an administrative hearing on May 8, 2000 before the undersigned
on the
Complainant of Traditions Ltd., a Minnesota Corporation, hereafter
"Complainant", against noname.com, hereafter "Respondent".
Complainant
was represented by: Brian H. Batzli of Merchant & Gould P.C., 90
South Seventh Street, Suite
3100, Minneapolis, MN. . Respondent was
represented by Yun Ye, CEO, Noname.com, 39120 Argonaut Way, PMB 249,
Fremont, CA.
PROCEDURAL FINDINGS
Domain Names: traditions.com
Domain Name Registrar: OpenSRS c/o TUCOWS.com Inc.(a/k/a
Domain Direct)
Domain Name Registrant: noname.com
Date of Domain Name Registration: March 6, 2000
Date of Complaint Filed: April 3, 2000
Date of Commencement of the Administrative Proceeding
in Accordance with Rule 2(a) and Rule 4(c): April 4, 2000
Due Date for a Response: April 24, 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 April 4, 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
OpenSRS c/o TUCOWS.com Inc.(a/k/a Domain Direct), the Internet
Corporation for Assigned Names and Numbers (ICANN), and
the Complainant
that the administrative proceeding had commenced.
On March 6, 1999, Respondent registered the domain name
"noname.com" with OpenSRS c/o TUCOWS.com Inc.(a/k/a Domain Direct),
the entity that is the Registrar of the domain name. By registering
its domain name with OpenSRS c/o TUCOWS.com(a/k/a
Domain Direct), 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
-
Complainant is a Minnesota Corporation and since 1987
has operated retail stores in the Minneapolis, St. Paul area
selling
furniture and decorative accessories. As early as 1987 Complainant
adopted and publicly began
using the TRADITION name in connection
with its business. Complainant is well known in the furniture industry,
and has vendors and customers located throughout the United States.
The Complainant has invested substantial
sums of money in developing
and marketing its business under the TRADITION mark, and has developed
goodwill and customary loyalty as a result.
-
The domain name "traditions.com" is identical to the
trademark TRADITIONS of Complainant registered September 19, 1995,
with first use on January 6, 1995 "for upholstery furniture", U.S.
Registration No. 1,920,915. Complainant
on December 23, 1997 was
issued the trademark TRADITION CLASSIC HOME FURNISHINGS under U.S.
Registration
No. 2,122,706 "for retail stores featuring furniture,
furniture accessories , and furniture upholstery". Respondent
does
not dispute that Complainant is the registered owner of the trademark
"Traditions".
-
Respondent is not engaged in any business activities
that utilize the domain name "traditions.com" nor is there any
indication
that Respondent legitimately plans to use the "traditions" name.
Respondent is not operating
a web site at "traditions.com". Respondent
has submitted no supporting evidence of any legitimate usage, other
than to claim that Noname.com's business plan is to obtain a large
number of generic domain names and
provide free URL forwarding and
email addresses to the general public. Respondent has registered
and
owns 50 domain names, not all "generic". For example Respondent
owns "edgar.org" which is identical to the famous
trademark EDGAR
owned by the U.S. Securities and Exchange Commission. Also Respondent
owns "believeitornot.com"
which is identical to the famous trademark
BELIEVE IT OR NOT owned by RIPLEY ENTERTAINMENT, INC. In addition,
many of the domain names owned by Respondent would not in the eyes
of this trier of fact appear to be "generic"
in nature i.e., "sexygirl.com",
"hotadults.com", "bigot.com", and "parisgirls.com. None of Respondent's
domain names appear to be in use. Complainant was unable to access
the additional names.
-
The Respondent has no association, presence, brand
awareness, right nor legitimate interest in connection with its
use and registration of "traditions.com".
-
Respondent is not commonly known by the domain name
"traditions.com", and has made no good faith effort to legitimately
use the domain name "tradition.com".
-
Complainant's prayer for relief requests that the
domain name "traditions.com" be transferred from Respondent to Complainant.
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 conclusions:
-
The domain name "traditions.com" is identical to Complainant's
trademark TRADITIONS and is confusingly similar to Complainant's
trademark Tradition Classic Home Furnishings. Respondent does not
dispute that Complainant is the registered
owner of the trademark
TRADITIONS. Complainant, since 1987, has used the trade name
Traditions in the market place, and has established an identity
and goodwill in the business place.
-
It is hereby determined that Respondent has no right
or legitimate interest in respect of the domain name "traditions.com".
-
Respondent's pattern of conduct in registering numerous
domain names having no business plan, engaged in no business
activity
in connection with domain name, and submitting no reliable evidence
of any legitimate use
of the domain name leads to the reasonable
inference that Respondent has registered the domain name in bad
faith and is squatting on the domain name in bad faith. The determination
is that the domain name has been
registered and is being used in
bad faith.
-
Complainant did not act in bad faith in filing its
Statement of Claim.
DECISION
Based upon the above findings of fact and conclusions,
and pursuant to Rule 4(i), it is decided as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME, "traditions.com"
BE TRANSFERRED FROM RESPONDENT noname.com TO COMPLAINANT
TRADITIONS
LTD, a Minnesota Corporation.
Dated: May 8, 2000 by_________________________________________
Judge Harold Kalina (Ret.)
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