Generic Top Level Domain Name (gTLD) Decisions

Complainant is MoveSource, Inc., St. Clair Shores, MI, USA ("Complainant"). Respondent is Movsource, Plano, TX, USA ("Respondent").

The domain name at issue is "MOVSOURCE.COM", registered with Network Solutions Inc ("NSI").

The Panelist certifies that she has acted independently and impartially and to the best of her knowledge, has no known conflict in serving as the panelist in this proceeding.

Honorable Carolyn Marks Johnson sits as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 08/01/2000; The Forum received a hard copy of the Complaint on 08/02/2000.

On 08/02/2000, NSI confirmed by e-mail to The Forum that the domain name "MOVSOURCE.COM" is registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 5.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On 08/10/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/30/2000 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@movsource.com by e-mail.

Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, The Forum transmitted to the parties a Notification of Respondent Default.

On 09/06/2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Honorable Carolyn Marks Johnson as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." 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 any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

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

A. Complainant

Complainant contends that the Respondent’s conduct falls squarely within the prohibitions of ¶ 4 of the ICANN Policy. In particular, Complainant contends that the criteria of ¶ 4.a.(i) – (iii) are met because: (i) Respondent’s domain name is confusingly similar to the Complainant’s federally registered trademark, (ii) Respondent has no rights or legitimate interests in MOVESOURCE or any derivation of the term, and (iii) the domain name in question was registered and used in bad faith.

B. Respondent

Respondent has not contested the allegations of the Complainant and, as a result, all reasonable inferences asserted in the Complaint will be deemed true. ICANN Rule 14(b).

Complainant is a Michigan Corporation. The Complainant owns the domain name <movesource.com> and the U.S. trademark registration for the service mark MOVESOURCE (filed Aug. 21, 1997; registered Mar. 21, 2000; No. 2,330,601). Complainant has used its mark and domain name to identify, promote, and market its moving and relocation service. Complainant offers corporate and residential moving services, both in state and interstate. Complainant’s website gets approximately 120,000 hits per month and Complainant estimates that since 1997, it has invested over $100,000 in Internet marketing and website developmental efforts relating to its website <movesource.com>.

Respondent registered the domain name "MOVSOURCE.COM" in September 1999. Respondent has also apparently registered "Movsource" in Texas as an assumed business name. On the website, Respondent claims to be a source for out of state and local moving services. Respondent’s website imitates a number of features, concepts, and designs that Complainant has originated and used on its website. Respondent has also imitated Complainant’s telephone number, 1-800-991-MOVE, with the telephone number 1-972-712-MOVE.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that a 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 the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(2) the 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.

Complainant has rights in the registered mark MOVESOURCE. Respondent’s domain name is identical or confusingly similar to the Complainant’s registered mark. Elimination of the letter "e" does not avert confusing similarity with the Complainant’s mark. See State Farm v. Try Harder & Co., FA 94730 (Nat. Arb. Forum June 15, 2000) (finding that the domain name <statfarm.com> is confusingly similar to the Complainant’s mark "State Farm").

Complainant asserts that Respondent cannot demonstrate rights or a legitimate interest in the domain name. Respondent has not denied this assertion.

Respondent’s name does not identify anything unique to him or his business. Policy ¶ 4.c.(ii). He is not engaged in any type of fair use or noncommercial endeavors. Policy ¶ 4.c.(iii). Respondent has clearly registered the domain name with the intent of obtaining commercial gain at Complainant’s expense. Trading off of the Complainant’s registered mark and established business does not constitute use of a domain name in connection with a bona fide offering of goods and services. Policy ¶ 4.c.(i).

The Panel concludes that Respondent has no rights or legitimate interests in the domain name in question.

The evidence demonstrates that it is Respondent’s intent to trade off of Complainant’s established business, its mark, and domain name. Complainant and its predecessor utilized its mark three years prior to Respondent’s registration of the domain name in question. The parties in this dispute are direct competitors. The Panel concludes that the Respondent registered the domain name to disrupt the business of a competitor. Policy ¶ 4.b.(iii). See Fossil Inc. v. NAS, FA 92525 (Nat. Arb. Forum Feb. 23, 2000) (finding that the Respondent acted in bad faith by registering the domain name <fossilwatch.com> and using it to sell various watch brands). This is evidence of registration and use in bad faith. Policy ¶ 4.b. The Panel determines that Respondent registered and used the domain name "MOVSOURCE.COM" in bad faith.

Having established all three elements required by the ICANN Policy Rule 4(a), it is the decision of the panel that the requested relief be granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain name, "MOVSOURCE.COM", be transferred from Respondent to Complainant.

Honorable Carolyn Marks Johnson