Generic Top Level Domain Name (gTLD) Decisions

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

Faithnet, Inc.

COMPLAINANT,

Vs.

Believers Fellowship of Lakeland

RESPONDENT.

DECISION
Forum File No.: 0002000093666

__________________________________

The above entitled matter came on for an administrative hearing on March

18, 2000 before the undersigned on the Complaint of Faithnet, Inc.,

hereinafter referred to as "Complainant", against Believers Fellowship of

Lakeland, hereinafter referred to as "Respondent". Complainant was not

represented by counsel but made the complaint through its executive

director, Trevor D. Turner. There was no representation on behalf of the

Respondent. Upon the written submitted record, the following DECISION is

made:

PROCEDURAL FINDINGS

Domain Name: faithnet.org

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Believers Fellowship of Lakeland

Date of Domain Name Registration: May 13, 1997

Date Complaint Filed: February 7, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule

2(a) and Rule 4(c): February 9, 2000

Due date for a Response: March 3, 2000. Respondent did not submit a

Response to the Complaint.

After reviewing the Complaint, and determining it to be in administrative

compliance, the National Arbitration Forum (The Forum) forwarded the

Complaint to the Respondent on March 6, 2000 in compliance with 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. (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).

On May 13, 1997, Respondent registered the domain name "faithnet.org" with

Network Solutions, the entity that is the Registrar of the domain name. 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 and the Uniform Domain Name Dispute

Resolution Policy.

Any reference to "Rule" or "Rules" are to ICANN's Rules for Uniform Domain

Name Dispute Resolution Policy and Uniform Domain Name Dispute Resolution

Policy as supplemented by the National Arbitration Forum's Supplemental

Rules to ICANN's Uniform Domain Resolution Policy.

FINDINGS OF FACT

1. The Complainant has registered the mark "faithnet" under US Registration

No. 2107562 on August 19, 1994. The mark was published for opposition

6/6/95 and the date of its first use was 6/18/97. It was first used in

commerce on June 18, 1997.

2. Faithnet was first registered with the US Patent and Trademark Office on

8/19/94 by Amicus Corporation. On November 4, 1994 Network Solutions

assigned Amicus Corporation's domain name, "faithnet.com" to Complainant.

Amicus Communications and Complainant are controlled by the same principal.

3. On June 6, 1995 the trademark, "faithnet" was published for opposition

and went unopposed. Upon incorporation of faithnet in the state of

Virginia, the domain name and the trademark which had belonged to Amicus

Communications were transferred to Faithnet, Inc.

4. Respondent received a certified letter dated June 1, 1998 (Attachment 7

to the Complaint) which put Respondent on notice of Complainant's claims to

the right to the domain name. Thereafter Respondent discontinued the use of

the word faithnet as a logo name for its online site but refused to stop

using faithnet as a domain name.

5. Complainant chose "faithnet" as a means of developing an

interdenominational ministry on the internet that would appeal to members of

mainline Christian denominations and people unaffiliated with a church.

Complainant is a nonstock, nonprofit corporation registered in the state of

Virginia. There is no difference between the domain name faithnet.com and

faithnet.org other than the three letters following the dot. Respondent is a

local church involved in the proclamation of the gospel and the continued

use of "faithnet" by two unrelated organizations in the Christian

communications field has the potential to engender consumer confusion.

6. The Respondent registered the domain name faithnet.org in bad faith and

has no right or legitimate interest in respect of said domain name. The

following is evidence of Respondent's bad faith.

a. On April 20, 1999 Network Solutions sent a letter to the Respondent

(Attachment 8 to the Complaint) advising of the conflict and the precedence

in time of the federal trademark registration of complainant. Network

Solutions invoked Section 9 of the Domain Name Dispute Policy and provided

37 days for Respondent to select among options stated for resolution of the

dispute. Respondent, instead of choosing among the options, renewed the

registration on August 31, 1995 (Attachment 5 to the Complaint). A renewal

of the domain name under such circumstances is evidence of bad faith and an

attempt to keep the domain name in hold rather than allowing its assignment

to Complainant.

b. The Respondent has made no legitimate use of the domain name,

"faithnet.org" and by attempting to maintain the right to the use of the

domain name after notification of the prior trademark rights and domain name

rights of the Complainant, there was an inference that Respondent's intent

was to create a likelihood of confusion with the Complainant's mark and

domain name, or to profit from the sale of the domain name.

4. Complainant's prayer for relief request that the domain name

"faithnet.org" be transferred from Respondent to Complainant.

CONCLUSIONS

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. The domain name "faithnet.org" registered by Respondent on May 13, 1997

with Network Solutions, is identical to Complainant's trademark and nearly

identical to the domain name "faithnet.com" which is the domain name of the

Complainant. Respondent has no right or legitimate interest to the domain

name "faithnet.org".

2. Respondent registered and acquired the domain name "faithnet.org" and

renewed the registration to the domain name "faithnet.org" primarily for the

purpose of creating confusion in the minds of internet users as to the

identity or for selling the domain name to the Complainant or to a

competitor of the Complainant, for valuable consideration in excess of

Respondent's out-of-pocket costs directly related to the domain name.

DECISION

Based upon the above findings and conclusions, it is decided as follows:

THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "faithnet.org" REGISTERED BY

RESPONDENT BELIEVERS FELLOWSHIP OF LAKELAND BE TRANSFERRED TO COMPLAINANT

FAITHNET, INC.

Dated: March 20, 2000, Edmund P. Karem, (Ret. Ky. Circuit Court Judge),

Arbitrator

Honorable Edmund P. Karem