Generic Top Level Domain Name (gTLD) Decisions

THE NATIONAL ARBITRATION FORUM
Post Office Box 50191
Minneapolis, Minnesota 55405

______________________________________

GOLFER'S WAREHOUSE, INC.

COMPLAINANT,

vs.

DAN LYNCH

RESPONDENT.

DECISION

Forum File No.: FA#92532

______________________________________

The above entitled matter came on for an administrative hearing on March 13, 2000, before the undersigned on the Complaint of Golfer's Warehouse, Inc. ("GWI"), hereafter "Complainant", against Dan Lynch, hereafter "Respondent". Complainant was represented upon the written submitted record by John P. Lowe, Jr., Adair Law Firm, 30 Corporate Woods, Rodchster, New York, 14623. Respondent appeared personally, upon the written submitted record. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: golferswarehouse.com

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Dan Lynch

Date of Domain Name Registration: June 23, 1998

Date of Complaint Filed: January 26, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule4(c): January 26, 2000

Due date for a Response: February 18, 2000

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to Network Solutions, Inc. who forwarded the Complaint to the contact designated Respondent, WebWorx.com, on January 26, 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., which then notified WebWorx.com 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). However, the undersigned subsequently received written submissions from both parties including letters from Respondent.

On June 23, 1998, Respondent registered the domain name "golferswarehouse.com" with Network Solutions, the entity that is the Registrar of the domain name. Network Solutions verified that Respondent is the Registrant for the domain name "golferswarehouse.com", and that 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 owner of the Trademark "Golfer's Warehouse." The Trademark was issued in 1987. The name Golfer's Warehouse was in wide use prior to the registration of the domain name by Respondent and was in wide use in the state of Respondent's residence.
   
   
2. The domain name is identical to the Trademark. The record is very clear as to ownership of the mark by Complainant.
   
   
3. Respondent admits that he has made no use of the domain name. Respondent has never been known by the domain name and has offered no evidence of "preparation for use".
   
   
4. Respondent's correspondence, as submitted, supports the inference that he registered the domain name for purpose of resale. However, he did not register the name to prevent use by Complainant, the Trademark owner, and has not used the domain name to disrupt the business of any competitor. He has not created any "likelihood of confusion" with the mark because he has never used the domain name.

CONCLUSIONS

Given the totality of the circumstances, the Complainant has met its burden of proof and the domain name should be transferred as requested by Complainant.

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 NAME "golferswarehouse.com" REGISTERED BY Dan Lynch BE TRANSFERRED TO Complainant.

Dated: March 14, 2000, by R. Glen Ayers, Jr. (formerly United States Bankruptcy Judge),