The Lunada Bay Corporation v. Lunada Bay Corporation
Claim Number: FA0601000632820
PARTIES
Complainant is The Lunada Bay Corporation (“Complainant”),
represented by Diane M. Reed, of Knobbe, Martens, Olson & Bear,
LLP, 2040 Main Street, Fourteenth Floor, Irvine, CA 92614. Respondent is Lunada Bay Corporation (“Respondent”),
represented by Diane M. Reed, of Knobbe, Martens, Olson & Bear,
LLP2040 Main Street, Fourteenth Floor, Irvine, CA 92614.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <beccaswim.com>,
registered with Compana, Llc.
PANEL
The undersigned certifies that she has acted
independently and impartially and to the best of her knowledge has no known
conflict in serving as Panelist in this proceeding.
Carol M. Stoner, Esq.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National
Arbitration Forum electronically
on January 20, 2006 citing Manila Industries, Inc. as
the respondent, and the National Arbitration Forum received a hard copy of the
Complaint on January 20, 2006.
On January 20, 2006, Compana, Llc confirmed by e-mail
to the National Arbitration Forum that the <beccaswim.com> domain
name is registered with Compana, Llc and that the Owner is The Lunada Bay
Corporation, so that it appears that Complainant
is the current Registrant of the domain name, having
been amended by the former owner,
Manila Industries, Inc. Compana,
Llc has verified that Respondent is bound by the Compana, Llc 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”). However, the disputed domain name is password protected,
and, as such, Complainant is unable to access the domain name to assert control
over same. Therefore, Complainant amended the Complaint on January
25, 2006 to cite Lunada Bay Corporation as Respondent,
and to request an official transfer of the disputed name registration to
Complainant.
On January 26, 2006, a Notification of Complaint and
Commencement of Administrative Proceeding (the “Commencement Notification”),
setting a deadline of
February 15, 2006 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@beccaswim.com by e-mail.
A timely Response was received and determined to be
complete on January 26, 2006.
On February 1, 2006, pursuant to Complainant’s request
to have the dispute decided
by a single-member Panel, the National Arbitration
Forum appointed Carol M. Stoner, Esq. as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be
transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A.
Complainant, The Lunada
Bay Corporation, contends that:
1.
Respondent’s <beccaswim.com> domain name is confusingly
similar Complainant’s various registered marks, including BECCA, BECCA
(Stylized) and BECCA SWIM, collectively referred to as the Lunada Bay
Marks.
2. Respondent does not have any rights or
legitimate interests in the <beccaswim.com>
domain name.
3. Respondent
registered and used the <beccaswim.com> domain name in bad faith.
B. Respondent, Lunada Bay Corporation, has consented
to the transfer of the
disputed domain name to Complainant.
FINDINGS
Complainant, The Lunada Bay Corporation, is a California
corporation which designs, manufactures and distributes a broad line of
clothing, swim wear and accessories under the Lunada Bay Marks. The Lunada Bay
Corporation is the owner of U.S. Trademark Registration No. 2,440,880 for the
BECCA (Stylized) mark which was issued on April 3, 2001; and is also the owner
of U.S. Registration No. 2,664,570 for the BECCA mark which issued on December
17, 2002. These registrations
constitute constructive use of the Marks, conferring rights of priority,
nationwide in effect, as of their respective filing dates. Further, through
their use, advertising and development, these Marks have created substantial
goodwill, throughout the world, for The Lunada Bay Corporation.
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 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 Respondent is identical
or confusingly similar to a trademark or service mark in which Complainant has
rights; and
(2) 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.