DECISION
FORUM FILE FA 0004000094424
TECHNOLOGY PROPERTIES, INC.
Complainant,
Vs.
RALPH BURRIS
Respondent.
The above-entitled matter came on for an administrative hearing on
May 9, 2000 before the undersigned on the Complaint of Technology Properties,
Inc., hereafter "Complainant", against Ralph Burris, hereafter "Respondent".
Neither party is represented by counsel and Respondent did not file
a response to the Complaint.
PROCEDURAL FINDINGS
Domain Name: RADIOSHACK.NET
Domain Name Registrar: Network Solutions, Inc.
Domain Name Registrant: Ralph Burris.
Date of Domain Name Registration: December 29, 1997.
Date Complaint Filed: April 10,2000.
Date of Commencement of Administrative Proceeding in Accordance with
Rule 2(a)[1] and Rule 4(c): April 13, 2000.
Due date for a response: May 4, 2000.
Respondent did not file a response as required by Rule 5(a).
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 April 13, 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 Network
Solutions, Inc., the INTERNET CORPORATION FOR ASSIGNEDNAMES AND NUMBERS
(ICANN) and the Respondent that the administrative proceeding had commenced.
Respondent did not file a response as required by Rule 5(a).
On December 29, 1997, Respondent registered the domain name RADIOSHACK.NET
with Domain Name Registrar Network Solutions, Inc., the entity that
is the Registrar of the domain name. On April 13, 2000, Network Solutions,
Inc. verified that Respondent is the Registrant for the domain name
RADIOSHACK.NET and that further, by registering its domain name with
Network Solutions, Inc., 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
The undisputed evidence establishes that:
- Complainant, which is a wholly owned subsidary of Tandy Corporation,
owns the trademark RADIOSHACK and licenses the trademark to Radio
Shack, a division of Tandy Corporation.
- Radio Shack has the domain name RADIOSHACK.COM.
- The only difference in the domain name RADIOSHACK.NET from the
trademark RADIOSHACK is the use of .net domain.
- Radio Shack or its predecessors have used the two-word mark Radio
Shack since 1924.
- Radio Shack has been using the single word RADIOSHACK trademark
since 1995.
- Radio Shack is a well-known mark for products and services worldwide.
- Radio Shack currently has 3 trademark registrations and 4 applications
for the mark "Radio Shack" or variations.
- Use of the radioshack.net domain name is identical and confusingly
similar to the RadioShack.com domain name and specifically uses
Complainant's registered trademark.
- Respondent has not offered any evidence of a right or legitimate
interest in the name radioshack.net.
- Respondent's failure to respond to the Complaint permits the inference
that the use of the Complaint's identical name is misleading and
that Respondent intentionally is diverting business from Complainant
for the sale of goods or services.
- The long-standing use of the name Radio Shack by Complaint for
products and services worldwide allows the inference that Respondent
had actual or constructive notice as a competitor of the prior use
of the mark and name.
- The following is evidence of Respondent's bad faith in registering
the domain name radioshack.net.
- Contrary to ICANN's Uniform Domain Name Dispute Resolution
Policy, Paragraph 4(b)(iii), Respondent wrongfully registered
the domain name radioshack.net primarily for the purpose of
disrupting the business of a competitor although Respondent
knew or should have known that the domain name registration
radioshack.net would disrupt the business of an entity already
using the identical name in the same general competitive market,
and
- Contrary to ICANN's Uniform Domain Dispute Resolution Policy,
Paragraph 4(b)(iv), Respondent, without and established legitimate
basis for doing so, used the domain name to attract, for commercial
gain, internet users to Respondent's web site or other on line
location, and Respondent intentionally created a likelihood
of confusion with the Complainant's mark as being a source,
sponsor, affiliate, or endorser of Respondent's web site.
Complainant's prayer for relief requests that the domain name radioshack.net
be transferred to Complainant pursuant to Paragraph 4(I) of ICANN's
Uniform Domain Name Dispute Resolution Policy.
CONCLUSIONS
The undersigned certifies that he has acted independently and has
no know conflict of interest to serve as the Arbitrator in this proceeding.
Having been duly selected, and being impartial, the undersigned makes
the following conclusions.
- The domain name "radioshack.net" is identical and confusingly similar
to the mark of the Complainant in which the Respondent has no right
or legitimate interests.
- Respondent registered and used the domain name in question in bad
faith in that it registered said name for the purpose of disrupting
the business of the Complainant or, by using the domain name, Respondent
attempted to attract, for commercial gain, Internet users to its Web
site or other on-line location, by creating a likelihood of confusion
with the Complainant's mark as to the source, sponsorship affiliation,
or endorsement or location of a product or service.
DECISION
Based on the foregoing, and pursuant to Rule 4(I), it is decided the
undersigned directs that the DOMAIN NAME "radioshack.net" be transferred
to Complainant Technology Properties, Inc.
Dated: May 9, 2000, by Judge Daniel B. Banks, Jr. (Ret.), Arbitrator