national arbitration forum

 

DECISION

 

Video Professor, Inc. v. Jack Bell

Claim Number:  FA0506000486147

 

 

PARTIES

Complainant is Video Professor, Inc. (“Complainant”), represented by Susan E. Gindin, General Counsel, Video Professor, Inc.  Respondent is Jack Bell, P.O. Box 741, Kasilof, Alaska, 99610, (“Respondent”).

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <alaskavideoprofessor.com>, registered with Go Daddy.com.

 

PANEL

The undersigned certifies he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding.

 

The Honorable Patrick C. Guillot (Ret.) as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a complaint to the National Arbitration Forum (the “Forum”) on May 31, 2005.  Go Daddy.com verified that <alaskavideoprofessor.com> is registered with them by the Respondent and further verified that Respondent is bound by the 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”).

 

Respondent was informed of the Complaint and the Amended Complaint, filed with the Forum, and has failed to properly respond according to the Forum’s procedural rules.  Nevertheless, the Panelist has taken the response into consideration in his decision.

 

The Administrative Panel, consisting of one Arbitrator, finds that the Forum has discharged all of its responsibilities under the Rules for Uniform Domain Name Dispute Resolution Policy.  Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN rules, the Forum’s Supplemental Rules, and rules and principles of law which the Panel deems applicable.

 

RELIEF SOUGHT

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

 

PARTIES CONTENTIONS

            A.  Complainant makes the following assertions:

 

1.  Respondent’s domain name, <alaskavideoprofessor.com>, is

     confusingly similar to the Complainant’s   

     VIDEO PROFESSOR mark.

 

2.  Respondent does not have any rights or legitimate interests in the

     <alaskavideoprofessor.com> domain name.

 

3.  Respondent registered and used the <alaskavideoprofessor.com>

     domain name in bad faith.

 

            B.  Respondent replies that:

 

                        1.  There is no similarity between the names.

 

                        2.  The Respondent has a legitimate interest in the domain name.

 

                        3.  Respondent did not register the domain name in bad faith.

 

                        4.  Respondent apparently has attempted to grant and “sign off” all rights

                             to the domain name <alaskavideoprofessor.com> to be transferred to

                             Complainant.

 

FINDINGS

Complainant is a leading global Internet Producer and marketer of computer learning CDs.  Complainant has been in business and maintained a visible presence on the Internet since 1996 and has registered over 250 domain names including 100 domain names which include the VIDEO PROFESSOR mark.  Complainant has received from the United States Patent and Trademark Office a trademark registration, January 2, 1990, which is an exhibit in the documentation provided this panel.

 

Respondent did not post any content on its website until 2005, after Respondent learned of the dispute with Complainant over the domain name.  Respondent has requested remuneration from Complainant in excess of the legal amount allowed.

 

DISCUSSION

Paragraph 15(a) of 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.”  Using this rule as the reference guideline, the Panel has determined the Complainant must prove each of the following three elements in order to obtain a ruling a ruling that the domain name should be cancelled or transferred pursuant to Policy Paragraph 4(a):

 

            1.  The domain name registered by Respondent is identical or confusingly

                  similar to a trade-mark or service-mark in which Complainant has

                  rights;  and

 

            2.  Respondent has no rights or legitimate interests with respect to the

                 domain name; and

 

            3.  The domain name has been registered and is being used in bad faith.

 

Confusingly Similar

           

Complainant has established its rights in the VIDEO PROFESSOR mark through registration and continued use of the mark for about nine years.  Respondent’s domain name, <alaskavideoprofessor.com> is confusingly similar because the disputed domain name incorporates the Complainant’s mark in its entirety and only deviates with the addition of the geographic word “alaska”.  The mere addition of this word to Complainant’s mark does not remove the disputed domain name out of the realm of confusing similarity with regard to Policy ¶ 4(a)(i).  See Arthur Guinness Son & Co. (Dubin) Ltd. v. Healy/BOSTH, D2001-006 (WIPO Mar. 23, 2001).

 

Rights or Legitimate Interests

 

Complainant urges that Respondent has no rights or legitimate interest in the disputed domain name and the failure of Respondent’s reply to raise any issue with respect to this complaint is telling.  Moreover, the Panel finds that there is ample evidence to support the Complainant’s allegations that Respondent has no rights or legitimate interest in the disputed domain name.  Respondent has provided no proof in the record suggesting that he is commonly known by <alaskavideoprofessor.com>.  See Gallup, Inc. v. Amish Country Store, FA 96209 (Nat. Arb. Forum Jan. 23, 2001) (finding that the respondent does not have rights in a domain name when the respondent is not known by the mark).

 

Registration and Use in Bad Faith

 

Respondent’s domain name is confusingly similar to Complainant’s mark and thus evidences registration and use in bad faith pursuant to ¶ 4(b)(iv). See G.D. Searle & Co. vs. Celebrex Drugstore, FA 123933 (Nat. Arb. Forum Nov. 21, 2002).

 

The Panel finds that all three elements of Policy ¶ 4(a) have been met.

 

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <alaskavideoprofessor.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

 

Honorable Patrick C. Guillot

Arbitrator

 

 

The Honorable Patrick C. Guillot (Ret.), Arbitrator

Dated:  July 20, 2005