Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com

Strasburger & Price, LLP,

COMPLAINANT

File Number: FA0003000094290

V.

NameIsForSale.com,

RESPONDENT

This domain name dispute was heard by the undersigned Arbitrator pursuant to the ICANN Uniform Domain Name Dispute Resolution Policy upon the written submissions of the parties.

Procedural Findings

1. Domain names: STRASBURGERPRICE.COM and STRASBURGERANDPRICE.COM.
2. Domain names registrar: Registrar.com
3. Domain names registrant: NameIsForSale.com.
4. Date of domain registrations: February 19, 2000.

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 10, 2000, in compliance with Rule 2(a) of the ICANN Rules for Uniform Domain Name Dispute Policy. The administrative proceeding was commenced pursuant to Rule 4(c). The Forum immediately notified Registrar.com. The Complainant elected to have the administrative proceeding conducted by a single arbitrator and paid the appropriate fee. The Respondent did not respond. The Complaint was docketed and forwarded to the Arbitrator for decision.

Findings of Fact

The Complainant is a Dallas-based law firm with offices in other Texas cities and in Mexico City. It appears on the 1999 National Law Journal list of the nation’s 250 largest firms. The Respondent has registered dozens of domain names using the names of firms on the list. Each site contains the same message: the firm name followed by the words "comedy club," a statement that the sites are under construction, language about and definitions of parasites, and pictures of strange-looking creatures.

Conclusions

The domain name STRASBURGERANDPRICE.COM is identical to the name in which the complainant has rights, and the domain name STRASBURGERPRICE.COM is confusingly similar to the name in which the Complainant has rights. An Internet user entering the Complainant’s name gets the Respondent’s site about parasites and comedy clubs.

The Respondent has no rights or legitimate interest in either name.

The Respondent has registered the name and is using the name to prevent the Complainant from using it. The Respondent has engaged in a pattern of such conduct with regard to dozens of other large law firms.

Decision

The domain names STRASBURGERPRICE.COM and STRASBURGERANDPRICE.COM are transferred to the Complainant.

Robert S. Brandt, Arbitrator

Date: May 18, 2000