Generic Top Level Domain Name (gTLD) Decisions

THE NATIONAL ARBITRATION FORUM

P. O. BOX 50191

MINNEAPOLIS, MINNESOTA 55405 USA

________________________________________

E. I. duPont de Nemours & Company

COMPLAINANT,

vs

Mark Fishman,

RESPONDENT

Forum File No: FA0001000093884

_________________________________________

DECISION

The above entitled matter came on for an administrative hearing on March 29,2000

before the undersigned on the complaint of E.I.duPont de Nemours & Company, hereafter

“Complainant” against Mark Fisher, hereafter called “Respondent”. Complainant was

represented by Leo J. Bechet and David J. Gould, c/o E.I DuPont deMours, 1007 Market

Street, Wilmington, DE 19898. The Responded appeared without counsel. Upon the

written submitted record, the following DECISION was made:

PROCEDURAL FINDING

Domain Name: stainmaster.com

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Domain Name for Sale/ Mark Fishman

Date of Domain Name: Registration: January 20. 1999

Date Complaint Filed: February 13, 2000

Date of Commencement of Administrative Proceeding in Accordance with

Rules ICANN: February 17, 2000

Due date for a Response: March 13, 2000

After reviewing the complaint and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the complaint to Respondent in compliance with Rule 2(a) and the administrative proceeding was commenced pursuant to Rule 4(d). The Forum immediately notified Network Solutions, Inc., the Internet Corporation for assigned names and numbers (ICANN), and the Complainant that the administrative proceedings had commenced. Respondent submitted a response dated March 19, 2000.

On January 10, 1999, Respondent registered the domain name “stainmaster.com”, with Network Solutions. On February 23, 2000, Network Solutions verified that Respondent is the registrant for the domain name “stainmaster.com”, and that further by registering his domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its Domain Name through ICANN Rules for Uniform Domain Dispute Resolution Policy, and the Uniform Domain Dispute Resolutions Policy.

FINDINGS OF FACT

1. That Complainant is the owner of the trademark, “STAINMASTER”,

Registration Number 2129204, U.S. Patent & Trademark Office.

2. The domain name is identical to the federally registered trademark.

3. The trademark is used on carpets.

4. Respondent has made no demonstrated effort to use the domain name in connection

with an offering of goods or services and is not making a legitimate, noncommercial

or fair use of the domain name; and the domain name was registered primarily for the

purpose of selling the registration to the owner of the trademark for a valuable

consideration in excess of out of pocket costs. The Respondent listed the name for

sale on the domain site and asked Complainant to pay a consideration of $5000.00

for the transfer.

5. The Respondent has no legitimate right to the use of the domain name.

6. Complainant prayer for relief requests that the domain name “stainmaster.com” be

transferred from Respondent to Complainant.

CONCLUSIONS

The undersigned certifies that he has acted independently and has no known conflict of interest to serve as Arbitrator in this proceeding. Having been duly selected and being impartial, the undersigned makes the following findings and conclusions:

1. The domain name “stainmaster.com” registered by Respondent, January 20, 1999, is identical to Complainants federally registered trademark, “STAINMASTER”, to which Responded has no right or legitimate interest.

2. Respondent registered and acquired the domain name, “stainmaster.com” primarily for the purpose of selling the said domain name registration to the Complainant, who is the owner of the Trademark or to a competitor of the Complainant, for a valuable consideration in excess of out-of-pocket expenses related to the domain name. Respondent registered and used said name in bad faith.

DECISION

Based upon the above findings and conclusions, and pursuant to Rule 4(I), it is decided as follows:

THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "stainmaster.com.” REGISTERED BY RESPONDENT, MARK FISHMAN BE TRANSFERRED TO COMPLAINTANT, E.I. duPONT deMOURS AND COMPANY.

Dated: March 29, 2000, by Judge Henry W. Blizzard, (Ret.), Arbitrator

Honorable Henry Blizzard