Generic Top Level Domain Name (gTLD) Decisions

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

AMERICAN QUARTER HORSE ASSOCIATION

COMPLAINANT,

vs.

MATTHEW T. VALENTINE

RESPONDENT.

DECISION
Forum File No.: FA#94628

______________________________________

The above entitled matter came on for an administrative hearing on May 22, 2000, before the undersigned on the Complaint of American Quarter Horse Association ("AQHA"), hereafter "Complainant", against Matthew T. Valentine, hereafter "Respondent". Complainant was represented upon the written submitted record by Kenneth R. Matlicks, Strasburger & Price, LLP., Dallas, Texas. No response was filed by Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

• Domain Names: americanquarterhorseassociation.com
• and americanquarterhorsejournal.com
• Domain Name Registrar: Domain Registration Services
• Domain Name Registrant: Matthew T. Valentine
• Date of Domain Name Registration: December 23, 1999
• Date of Complaint Filed: April 17, 2000
• Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule4(c): April 24, 2000
• Due date for a Response: May 14, 2000

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to both Respondent and Network Solutions, Inc., 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 notified Network Solutions, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to the Forum within twenty (20) days pursuant to Rule 5(a). Respondent, by e-mail, did request that this matter be terminated. Respondent, of course, has no right to terminate this proceeding.

On December 23, 1999, Respondent registered the domain names "americanquarterhorseassociation.com" and "americanquarterhorsejournal.com" with Network Solutions, the entity that is the Registrar of the domain names. Network Solutions has verified that Respondent is the Registrant for the domain names. Further, by registering its domain name with Network Solutions, 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

1. Complainant is the American Quarter Horse Association ("AQHA"), a not for

profit association with its principal office in Amarillo, Texas. AQHA holds a number of proprietary marks dealing with the American Quarter Horse. Three of the marks protect the name "American Quarter Horse Association" and one protects "The Quarter Horse Journal." These are referred to as the "AQHA Marks."

2. The domain names involved in this dispute are:

(a) "americanquarterhorseassociation.com", and

(b) "americanquarterhorsejournal.com."

3. These were registered on December 23, 1999. The AQHA marks have been

registered for some time. The QuarterHorseJournal has been registered in 1965 and has been subsequently renewed. The "American Quarter Horse Association" has been registered since 1990. The registrations are current and in use.

4. Respondent, Valentine, who has filed no response, apparently is involved

in the horse business in some manner. The correspondence between the National Arbitration Forum and the Respondent clearly shows that he received the Complaint. Further correspondence between the Complainant and Respondent, reflected in the Complainant's pleadings, state that Respondent was willing to transfer the two domain names in exchange for significant consideration. Complaint's pleadings indicated that it had offered to reimburse Respondent for the costs of registration.

CONCLUSIONS

5. Respondent's conduct in registering the two trade names clearly violates

Paragraph 4.c. and 4.b. of the ICANN Policy. First, the domain names are identical to trade marks held by Complainant, as set out at the ICANN Policy paragraph 4a(i). Further, Respondent would appear to have no right or legitimate interest in any of the domain name. See ICANN Policy paragraph 4a(ii). Finally, the domain names have been registered and are being used in bad faith, as specified in ICANN Policy paragraph 4(a)(iii). The circumstances of the registration of the exact registered marks of a not for profit association, together with the offer to sell for or transfer for significant consideration, is ample evidence of bad faith. See ICANN Policy paragraph 4.b.

This is a classic case of "cybersquatting" and "cyberprivacy."

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 NAMES "americanquarterhorseassociation.com" and "americanquarterhorsejournal.com REGISTERED BY RESPONDENT BE TRANSFERRED TO COMPLAINANT.

Dated: May 25, 2000, by R. Glen Ayers, Jr. (formerly United States Bankruptcy Judge), Arbitrator

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