Generic Top Level Domain Name (gTLD) Decisions

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

__________________________________________

Celestial Seasonings, Inc.
4600 Sleepytime Drive
Boulder, Colorado 80301

COMPLAINANT,

VS.

Celestialseasonings.net
11701 Monte Leon Way
Northridge, CA 91326

RESPONDENT.

Forum File No.: FA000 2000093628

___________________________________________

The above entitled matter came on for an administrative hearing on March 20, 2000 before the undersigned on the Complaint of Celestial Seasonings, Inc., hereafter "Complainant", against Celestialseasonings.net, hereafter "Respondent". Complainant was represented by Mark N. Mutterperl, Fulbright & Jaworski, 666 Fifth Avenue, New York, New York 10103. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: Celestialseasonings.net Domain Name Registrar: Network Solutions Domain Name Registrant: Celestialseasonings.net Date of Domain Name Registration: March 2, 1999 Date Complaint Filed: February 4, 2000 Due Date for a Response: March 1, 2000 Respondent did not submit a response to the Complaint. Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a)l and Rule 4(c): February 7, 2000 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 February 7, 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 the above Registrar, 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 March 2, 1999, Respondent registered the domain name "Celestialseasonings.net" 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 Policy, and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

1. Complainant owns the following federally registered trademarks for CELESTIAL SEASONINGS: 1,002,970; 1,485,255; 1,488,724; 1,252,372; 1,252, 371; 1,973,872; 2,014,131; and 1,994,688.
2. Complainant first registered the mark "CELESTIAL SEASONINGS on January 28, 1975. Complainant first used the mark "CELESTIAL SEASONINGS" on October 1, 1971. Complainant first used the mark "CELESTIAL SEASONINGS" in commerce on November 1, 1971.
3. Complainant has widely and continuously used the mark "CELESTIAL SEASONINGS" in connection with herbal teas and a variety of other products. Through extensive use on products and in advertising, CELESTIAL SEASONINGS has become a famous mark. Furthermore, complainant registered the domain name "CELESTIAL SEASONINGS.COM" on August 1, 1997 and widely uses its name on the internet.
4. On March 2, 1999, Registrant registered the domain name in controversy, "Celestialseasonings.net" with the Registrar, Network Solutions.
5. The Registered domain name, "Celestialseasonings.net", is identical or confusingly similar to the trademark or service mark in which the Complainant has rights and the Respondent does not have any right or legitimate interests in respect of the domain name, "Celestialseasonings.net", which is the subject of the complaint.
6. Respondent registered and used the domain name, "Celestialseasonings.net", in bad faith as is evidenced by the circumstances which indicate that Respondent registered the domain name primarily for the purposes of selling, renting, or otherwise transferring the domain name registration to the Complainant who was the owner of the trademark or service mark or to a competitor of the Complainant, for valuable consideration in excess of Respondent’s documented out-of-pocket costs directly related to the domain name.
7. Respondent’s use of its domain name intentionally attempts to attract, now and in the future, for commercial gain, internet users to its website by creating a likelihood of confusion with the Complainant’s mark as a source, sponsorship, affiliation, or endorsement of its website or location or of a product on its website.
8. The exclusivity of Complainant’s trademark is protected under United States law.
9. No allegation has been made and no evidence has been presented that Respondent has any right or legitimate interest to the domain name as provided in Rule 4(c).
10. Complainant’s prayer for relief requests that the domain name be cancelled.

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 "Celestrialseasonings.net", registered by Respondent on March 2, 1999, with Network Solutions, is identical or confusingly similar to Complainant's trademark CELESTIAL SEASONINGS and to which Respondent has no right or legitimate interests.
2. Respondent registered and used the domain name in bad faith as evidenced by circumstances indicating that Respondent registered and acquired the domain name "Celestialseasonings.net" primarily for the purpose of selling, renting or otherwise transferring the said domain name registration to the Complainant who is the owner of the trademark or service mark, 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.
3. Respondent registered and used the domain name in bad faith as evidenced by circumstances that by using the domain name Respondent intentionally attempts to attract, now and in the future, for commercial gain, internet users to its website by creating a likelihood of confusion with the Complainant’s mark as a source, sponsorship, affiliation, or endorsement of its website or location or of a product on its website.
4. Under ICANN’s Uniform Domain Name Dispute Resolution Policy Complainant has proven that the domain name should be cancelled.