WorldLII Home | Databases | WorldLII | Search | Feedback

Generic Top Level Domain Name (gTLD) Decisions

You are here:  WorldLII >> Databases >> Generic Top Level Domain Name (gTLD) Decisions >> 2000 >> [2000] GENDND 747

Database Search | Name Search | Recent Decisions | Noteup | LawCite | Help

Dollar Financial Group v. Analytical Services [2000] GENDND 747 (24 July 2000)


National Arbitration Forum

DECISION

Dollar Financial Group, Inc. v. Analytical Services

Claim Number: FA0007000095106

PARTIES

The Complainant is Dollar Financial Group, Inc., Berwyn, PA, USA("Complainant"). The Respondent is Analytical Services, Chino Valley, AZ, USA ("Respondent").

REGISTRAR AND DISPUTED DOMAIN NAME (s)

The domain name at issue is "LOANMARTUSA.COM" registered with Easyspace Ltd.

PANELIST

Henry W. Blizzard as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum")

electronically on 07/06/2000; The Forum received a hard copy of the Complaint on

07/06/2000.

On 07/07/2000, Easyspace Ltd. confirmed by e-mail to The Forum that the domain name

"LOANMARTUSA.COM’ is registered with Easyspace LTD. and that the Respondent is the current registrant of the name.

On 07/07/2000, a Notification of Complaint and Commencement of Administrative

Proceeding (the "Commencement Notification"), setting a deadline of 07/27/2000 by

which Respondent could file a Response to the Complaint, was transmitted to Respondent via email, post and fax, and to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts by email.

On 07/20/2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Henry W. Blizzard.

RELIEF SOUGHT

The Complainant requests that the domain name be transferred from the Respondent to

the Complainant.

PARTIES’ CONTENTIONS

A. Complainant contends that it is the owner of the service mark "LOAN MART’.

Complainant, an originator of consumer loans, contends that the domain name in question, registered to Respondent,"LOANMARTUSA.COM", is confusingly similar to both its service mark and its own registered domain names which incorporate the "LOAN MART" service mark. Complainant contends that since 1997, it has originated $310,000,000 in loans and that a substantial portion of these loans were orginated at its stores bearing the "LOAN MART" name and logo. Complainant registered its service mark with the U. S. Patent and Trademark Office on 9/29/1998. Respondent registered the domain name in question on 04/02/2000. Respondent has made no commercial use of the mark and has sold no goods or services under the mark "LOAN MARK",or any similar mark. Complainant contends Respondent has no legitimate interest in the use of the domain name in question and that the Respondent maintains no content of the domain name on its web site, and that the Respondent has registered the domain name in question primarily for the purpose of selling, renting, or transferring said domain name registration for a valuable consideration in excess of the costs related to the domain name. Complainant requests that the domain name be transferred from Respondent to Complainant.

B. Respondent contends that he has registered the domain name in question and several others hoping to develop a site that presents a variety of real estate activities such as: appraisals, home inspection, lending, etc., on one site. Respondent admitted his domain name is similar to the service mart of Complainant, and answers that whether they are so similar as to be confusing is "ultimately a personal opinion". Respondent contends that his failure to use the domain name in question on a web site should not cause a forfeiture of the domain name. Respondent alleges that he has a background as a real estate appraiser and seeks to get out of this business and establish his new services on a web site. Respondent further contends that his use of the domain name in question would relate to real estate loans and that Complainant is a "check cashing company". Respondent alleges that prior to this dispute, he had never heart of Dollar Financial

Group.

FINDINGS

l. Neither party disputes the jurisdiction of The Forum or the undersigned arbitrator to resolve this matter.

2. Complainant is the owner of the service mark "LOAN MART" since September,

1998, and has made use of it in its business and on its web site since 1997.

3. Respondent has never made a commercial use of the domain name on the web, nor has he used it otherwise commercially. Respondent registered the domain name in question on 04/02/2000.

4. Respondent never acted as a lender and does not demonstrate any preparation to use the domain name or a name corresponding to it with a bonafide offering of goods or services.

DISCUSSION

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") direct that the complainant must prove each of the following three elements to support a claim that a domain name should be canceled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.

(2) the Respondent has no rights or legitimate interests in respect of the domain name,

(3) the domain name has been registered and is being used in bad faith.

The domain name ‘LOANMARTUSA.COM’ is confusingly similar to the service mark to which complainant has a right.

The Respondent has no legitimate interest in respect of the domain name, ‘LOANMARTUSA.COM’.

The Respondent has registered said domain name and used it in bad faith, there being no demonstrated use for the name by Respondent or legitimate interest by Respondent, and that circumstances show that registration of said domain name was primarily for the purpose of selling, renting or otherwise transferring the domain name to Complainant who is the owner a service mark, or to a competitor of the Complainant for a valuable consideration in excess of Respondent’s documented out-of-pocket costs directly related to the domain name.

DECISION

Based upon the above findings and discussion, and pursuant to Rule 4(a) of the ICANN

Uniform Domain Name Dispute Policy ("The Policy"), it is decided as follows:

The relief requested by Complainant is granted. The undersigned directs that the domain name "LOANMARTUSA.COM", registered to Analytical services be transferred to Complainant, Dollar Financial Group, Inc.

Dated: July 24, 2000


WorldLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.worldlii.org/int/other/GENDND/2000/747.html