Christopher T.C. Smith and
American Green Cross v. Educational Video Network
Claim Number: FA0707001036640
PARTIES
Complainant is Christopher T.C. Smith and American
Green Cross (“Complainant”),
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <americangreencross.org>, registered
with eNom,
Inc.
PANEL
The undersigned certifies that he has acted independently and
impartially and to the best of his knowledge has no known conflict in serving
as Panelist in this proceeding.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On July 16, 2007, eNom, Inc. confirmed by e-mail to the National
Arbitration Forum that the <americangreencross.org> domain name
is registered with eNom, Inc. and that
the Respondent is the current registrant of the name. eNom, Inc.
has verified that Respondent is bound by the eNom,
Inc. registration agreement and has thereby agreed to resolve
domain-name disputes brought by third parties in accordance with ICANN’s
Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On July 24, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of August 13, 2007 by which Respondent could
file a Response to the Complaint, was transmitted to Respondent via e-mail,
post and fax, to all entities and persons listed on Respondent’s registration
as technical, administrative and billing contacts, and to postmaster@americangreencross.org by e-mail.
A timely Response was received and determined to be complete on
The Complainant filed an Additional Submission in hard copy only
(electronic mail submission is also required) and was thus defective. Notwithstanding, the Panel elected to
consider the Additional Submission.
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
1. Respondent’s <americangreencross.org> domain name is confusingly similar to Complainant’s AMERICAN GREEN CROSS mark.
2. Respondent does not have any rights or legitimate interests in the domain name at issue.
3. Respondent registered and used the domain name at issue in bad faith.
B. Respondent
1. Respondent
registered the domain name at issue in 1998, many years before any alleged use
by Complainant of the AMERICAN GREEN CROSS MARK.
2. Respondent
is using the domain name at issue in connection with a religious entity.
3. Respondent
did not register and is not using the domain name at issue in bad faith.
C. Additional Submissions
Complainant filed a defective Additional Submission which was
considered by the Panel but which did not address the defenses of the Respondent.
FINDINGS
Complainant is the owner of an application to register the mark AMERICAN
GREEN CROSS with the U. S. Patent & Trademark Office, Serial number
78753027. The application for such
registration was made on November 14, 2005 with no date of first use in
commerce shown on the application record provided. In the Complaint, there is no allegation of
common law use prior to November of 2005.
Apparently, Complainant uses the mark in connection with a charitable
organization dedicated to environmental protection and operates a website at
<americangreencross.net> in support of these activities. Complainant alleges that Respondent has not
been given license to use Complainant’s AMERICAN GREEN CROSS mark, that
Respondent warehouses many domain names that he does not legitimately use and he
is using the domain name at issue in bad faith.
Respondent points out that he registered the domain name at issue in
1998, roughly seven years prior to Complainant’s application for registration
of the AMERICAN GREEN CROSS mark.
Further, Respondent has used or permitted the domain name at issue to be
used in connection with the activities of the
Nowhere in the materials presented to the Panel is there any evidence
that the Complainant used the AMERICAN GREEN CROSS mark prior to Respondent’s
registration of the domain name at issue.
DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain
Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a
complaint on the basis of the statements and documents submitted in accordance
with the Policy, these Rules and any rules and principles of law that it deems
applicable.”
Paragraph 4(a) of the Policy requires that the Complainant must prove
each of the following three elements to obtain an order that a domain name
should be cancelled 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; and
(3) the domain name has been registered and is
being used in bad faith.
DECISION
Having failed to satisfy all three elements required under the ICANN
Policy, the Panel concludes that relief shall be DENIED.
James A. Carmody, Esq., Panelist
Dated: September 4, 2007
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