Cinnabon, Inc. v. Emdedded Logics et al.

NATIONAL ARBITRATION FORUM
URS FINAL DETERMINATION

Cinnabon, Inc. v. Emdedded Logics et al.
Claim Number: FA1405001560649

DOMAIN NAME

<cinnabon.menu>

PARTIES

	Complainant: Cinnabon, Inc. of Atlanta, GA, United States of America
	Complainant Representative: Fross Zelnick Lehrman & Zissu, P.C. Todd Martin of New York, NY, United States of America

	Respondent: Embedded Logics Vahe Anakhasyan of Markham, ON, Canada

REGISTRIES and REGISTRARS

	Registries: MENU Registry
	Registrars: GoDaddy

EXAMINER

	The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
	Jeffrey M. Samuels, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: May 21, 2014
	Commencement: June 2, 2014
	Response Date: June 7, 2014
	Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW

Clear and convincing evidence.

FINDINGS and DISCUSSION

Findings of Fact: Complainant Cinnabon, Inc., operates cinnamon roll bakeries, with more than 1,000 stores in the U.S. and abroad. Complainant owns numerous national trademark registrations for the mark CINNABON, which it has used continuously since 1985, and owns and operates a website at www.cinnabon.com. The disputed domain name is parked on a page that features a prominent link that solicits offers to sell the domain name.

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, each of the following three elements to obtain an order that a domain name should be suspended.

[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

The disputed domain name, cinnabon.menu, is confusingly similar to the CINNABON trademark. The domain name incorporates, in full, the mark. The addition of the descriptive term "menu" to the domain name does not defeat a finding of confusing similarity. The evidence further indicates that Complainant has valid national registrations for the CINNABON mark and that such mark is in current use. Given the existence of such registrations, Respondent's argument that the word "cinnabon" is generic or descriptive must be rejected.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

There is no evidence that Respondent has any legitimate right or interest in the disputed domain name. The fact that Complainant did not register the disputed domain name (presumably during the sunrise period) does not confer any legitimate right or interest to the domain name on the part of Respondent.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s 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 of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

While Respondent alleges that it did not purchase the disputed domain name with bad intentions to mislead, divert consumers or to tarnish the CINNABON mark, the evidence indicates otherwise. As noted by Complainant (and not disputed by Respondent) the disputed domain name resolves to a parking page that includes a link soliciting offers to purchase the domain name. Thus, Respondent appears to have the domain name primarily to profit from its sale. Respondent's domain name also blocks Complainant from reflecting its mark in a .menu domain name and could be used to disrupt Complainant's business, insofar as Complainant operates bakery stores with menu items.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

Respondent has alleged that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

cinnabon.menu

Jeffrey M. Samuels
Examiner
Dated: June 11, 2014

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