State Farm Mutual Automobile
Insurance Company
COMPLAINANT,

vs.

Try Harder & Company
RESPONDENT.

DECISION
File Number: FA0005000094730

Parties and Appearances.

            This domain name dispute was heard by the undersigned Arbitrator pursuant to the ICANN Uniform Domain Name Dispute Resolution Policy upon the written submissions of the parties.  The Complainant is represented by Janice K. Forrest, Asst. Corporate Counsel, State Farm Mutual Automobile Insurance Company. Respondents are represented by Saeid (alleged by Complainant to be same person as Stephen) Yomtobian. Mr. Yomtobian is a principal of Respondent.

Procedural Findings.

Domain Name in Dispute: statfarm.com

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Try Harder & Company       

Date of Domain Name Registration: January 22, 1998

Date Complaint Filed: May 3, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a)(1) and Rule 4(c): May 10, 2000.

Due Date for a Response: May 30, 2000

Respondent did not file a Response as provided in Rule 5(a).

Relief Requested: Transfer of Domain Name to Complainant 

Findings of Fact.

1)         Danny Yomtobian, alleged by Complainant to have registered many domain names, is the son of the principal of the Respondent, but neither he nor his filings are in question in this proceeding.

2)         Respondent admittedly has the Domain Name in question as owner or either under the principal’s own name or Yomtobian Enterprises.

3)         Yomtobian buys and sells domain names and used the name in question on a directory page for its goods and services.

4)         The “statfarm.com” Domain Name was first registered by Respondent on January 22, 1998.

5)         Complainant has many Service Marks on the Principal Register using the name “State Farm” claiming first use back to 1930, but first registered for Insurance in 1955 and thereafter for other uses and in any event antedating the use by Respondent.

6)         Complainant has disclaimed in its Service Mark filing any claim for the words “State” or “Farm” or “Insurance” other than in combination.

7)         The Respondent has a number of domain names for pornographic purposes.

8)         Pursuant to ICANN Policy 4(a), the Complainant must establish each of these three elements:

            1.  The domain names registered by the Respondent are identical to or confusingly

                 similar to a trademark or service mark in which the Complainant has rights;

2.  The Respondent has no legitimate interest in respect of the domain name; and

            3.  The domain names have been registered and used in bath faith.

9)         The domain name “statfarm.com” is confusingly similar to the name “State Farm” for which Complainant has used extensively within and without the United States. The only difference between Respondent’s domain name of “statfarm” and that of Complainant’s registered service mark of “State Farm” is that the domain name dropped the letter “e” from the word State and combined the newly created word “stat” with the word “farm” to create the word “statfarm”.

10)       If Respondent does not use the words in the name in conjunction, there is no

 problem.  They can use “Sex Farm” or “State Sex”, but “State Farm” is a bad faith use.

11) Respondent has no legitimate interest in the domain name in that no evidence exists that Respondent has ever made a legitimate use of the domain name. Furthermore, Respondent has never been commonly known by the domain name “statfarm.com”.

12) Respondent registered and is using the domain name in bad faith in that it has intentionally attempted to misdirect customers or users of Complainant away from Complainant. It also exhibited bad faith by attempting to suggest an affiliation with Complainant and to benefit from Complainant’s name recognition where no such relationship has ever existed.

Decision.

13)       Under the circumstances, and on balance, I find for the Complainant which has a legitimate claim to the domain name “statfarm.com”.

14)       The Domain name “statfarm.com shall be transferred to the Complainant.

Dated: June 15, 2000        Honorable Theodore R. Kupferman, Arbitrator