Generic Top Level Domain Name (gTLD) Decisions

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

Fieldcrest Cannon Licensing, Inc.
326 East Stadium Drive
Eden, NC 27288
Attn: Charles E. Baxley, Esq.

COMPLAINANT

vs.

Messrs. Al and V. Casazza
D/B/A DomainNames2000
92-16 Astoria Blvd.
Elmhurst, NY 11369

RESPONDENT

DECISION
FILE NO.: FA0002000093552

The above-entitled matter came on for an administrative hearing on March 14, 2000 before the undersigned arbitrator on the Complaint of Fieldcrest Cannon Licensing, Inc., appearing by its counsel, Charles E. Baxley, Esq., Baxley, Daniels & Holton, 59 John St., Fifth Floor, New York, NY 10038, ("FCI" or "Complainant"), against Al and V. Casazza, D/B/A DomainNames2000 (collectively "Casazza" or "Respondent") who did not submit a response or otherwise appear personally or through counsel. Upon the written submitted record, including only the Complaint, the following DECISION is rendered:

PROCEDURAL FINDINGS

Domain Name: fieldcrest.com

Domain Name Registrar: Network Solutions

Domain Name Registrant: DomainNames2000

Date of Domain Name Registration: November 12, 1998

Date Complaint Filed: January 31, 2000

Date of Commencement of the Administrative Proceeding in Accordance with Rule 2(a) and

Rule 4(c): February 3, 2000.

Due Date for Response: February 26, 2000. No Response filed.

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum ("Forum") forwarded the Complaint to the Respondent on February 3, 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 that the administrative proceeding had commenced. The Complaint was then docketed and forwarded to the undersigned arbitrator for decision. Respondent did not submit a response to the Forum within twenty (20) days pursuant to Rule 5(a).

FINDINGS OF FACT

1. On February 3, 2000, Network Solutions confirmed that Respondent registered the domain name "fieldcrest.com" under the registrant name DomainNames2000, showing Casazza, Al, offers@domainnames2000.com, 718 229 7989, as Administrative Contact. Network Solutions acknowledged the commencement of this administrative proceeding and that Respondent is bound by the Network Solutions Service Agreement Version 4.0. 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 contest the jurisdiction of the Forum or the undersigned arbitrator to resolve this controversy.
2. By virtue of the fact that there is no appearance of any kind by Respondent, all reasonable inferences of fact in the allegations of the Complaint will be taken to be true.
3. Complainant is the owner of a trademark registered with the United States Patent and Trademark Office under Reg. No. 995,055 on October 8, 1974, the mark being "FIELDCREST."
4. Complainant has been manufacturing and distributing textile products domestically and internationally under the name "FIELDCREST" since 1972.
5. There is no evidence that Respondent has ever used "fieldcrest.com" or "FIELDCREST" for any purpose other than to sell the domain name to the Complainant or a competitor of the Complainant.
6. Following the advertising of the domain name "fieldcrest.com" for sale on Respondent’s website, Complainant sent a "cease and desist" letter to Respondent on January 29, 1999. Respondent subsequently telephoned counsel for Complainant and refused to transfer the domain name in issue for less than several thousands of dollars.

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:

1. Complainant has valuable and legally protectable rights in the mark: "FIELDCREST," dating back 27 years or more.
2. Respondent has not used and has no legally protectable rights in the mark "FIELDCREST" or in the domain name "fieldcrest.com" and has refused to relinquish or transfer the domain name to Complainant without payment of an exorbitant premium. I find this to be ample evidence of bad faith on the part of Respondent to entitle 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 "FIELDCREST.COM," REGISTERED BY RESPONDENT DOMAINNAMES2000, BE TRANSFERRED TO COMPLAINANT FIELDCREST CANNON LICENSING, INC.

Signed this 14th day of March, 2000 by Judge James A. Carmody (Retired), arbitrator.

Honorable James A. Carmody