Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA

Aircraft Owners & Pilots Association (AOPA),

Complainant File Number: FA0002000094183

v.

Albanian Oil Paintings & Antiques

Respondent

DECISION

An administrative hearing was held on the merits of the above styled case on March 30, 2000, before Tyrus R. Atkinson, Jr., Arbitrator, on the Complaint filed by Aircraft Owners & Pilots Association (AOPA), the "Complainant", against Albanian Oil Paintings & Antiques, the "Respondent". Complainant was represented by Kathleen A. Yodice, Yodice Associates, 500 E. Street, SW, Suite 240, Washington, D.C. 20024. No representation was submitted in behalf of Respondent. Based upon the written record submitted to the Arbitrator, and upon nothing else, a decision and findings are made as follows:

JURISDICTIONAL FINDINGS

An administrative proceeding was commenced by Complainant against Respondent pursuant to the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") on October 24, 1999.

A Complaint submitted by Complainant against the Respondent was received by the National Arbitration Forum on February 22, 2000. Complainant certified that the Complaint and the Complaint Notification Instructions were served upon Respondent on February 17, 2000. An Amendment to the Complaint was certified by Complainant to have been served on February 22, 2000. The commencement of Administrative Proceedings began on February 23, 2000. Respondent was notified to submit a Response within twenty (20) calendar days from the date of receipt of notification.

Respondent neither filed, submitted nor served the National Arbitration Association with a written response to the Complaint. Respondent is in Default.

The National Arbitration Forum notified Network Solutions, Inc., of the Commencement and the Complaint on February 23, 2000.

Network Solutions, Inc. verified that it is the Registrar of the domain name "AOPA.COM", that the Registrant is Albanian Oil Paintings & Antiques, that the registration is in active status, and that the registered address is PO Box 333, T Southampton, SO40 4ZF, UK. Network Solution, Inc. further verified that the Registrant, Albanian Oil Paintings & Antiques, is bound by the Network Solutions Service Agreement Version 4.0

The Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Rules for Uniform Domain Name Dispute Resolution Policy adopted by ICAAN are applicable in this case.

The National Arbitration Forum complied in this case with the procedural requirements set out in the Policy and Rules adopted by ICAAN.

STATEMENT OF THE CASE

Complainant, a non-profit, membership association, contends that the domain name, "aopa.com" should be transferred to Complainant from Respondent who presently holds the domain name "aopa.com" and has held the said domain name since April 19, 1998.

Complainant contends that it has used the letters "aopa" for 53 years, that it maintains a web page using the name "aopa.org", that it uses the letters on credit cards and for other purposes, that its name has been registered at the United States Patent Office since 1947, and that a trade mark bearing the letters "aopa" is on file with the United States Patent Office. Complainant further contends that Respondent has no demonstrable interest in the domain name, that Respondent has demonstrated no rights to or legitimate interests in the domain name, that Respondent offers no goods or services, maintains no web page, and further that there is no evidence that there is a legitimate organization bearing Respondent's name.

FINDINGS OF FACT

1. Complainant is the owner of trademarks, service marks and trade names which include the letters "aopa". One such trade mark was applied for on December 27, 1947. Complainant uses the letters "aopa" on a web site, on logos, and credit cards. The letters are used extensively by the Complainant for various purposes which constitute important methods of promoting and identifying its organization and services.

2. Complainant has been using the letters "aopa" for 53 years in promoting and identifying its organization and services.

3. Complainant operates a web site using the letters "aopa".

4. Complainant uses the letters "aopa" from its trade mark as it is lawfully entitled to use such trade mark identifications.

5. Complainant has attempted on several occasions to resolve the domain name conflict directly with Respondent but Respondent has failed and refused to deal with Complainant in such efforts.

6. Complainant has invested substantial money, time, and effort in promoting its organization and services by the use of the letters "aopa".

7. Complainant is known by other organizations, persons, and groups by the title "aopa" because of Complainant's extensive use of the letters over a long period of time.

8. Respondent registered the domain name "aopa.com" in 1998. Respondent has not used the name in any matter of business since that time. There is no business shown in the record under the name of Respondent. The evidence supports the conclusion that there is no such business. Respondent has no legitimate business interest in respect to such domain name.

9. Respondent's administrative contact, John N. Ward, in registering the domain name "Any Old Pilots Association" under the domain name "aopa.net" demonstrated an attempt to dominate the domain name "aopa" for no purpose which can be associated with the name. The registration infers knowledge by Respondent, and its administrative contact, of the conflict with the trade mark letters of Complainant.

10. Complainant received an offer to purchase the domain name "aopa.com" from an individual who represented that he was in position to sell the domain name.

11. The registration by the same individual during a short time span under the names as registrant of "Albanian Oil Paintings & Antiques", "Any Old Pilots Association", "The AopaForum.com AOPAFORUM2-DOM", "AopaForum.com (AOPA-FORUM2-DOM)", "AopaForum.com AOPA-FORUM2-DOM", "Express Domain Name Registration Services (AOPACLASSIFIEDS-DOM)", and "Albanian Original Prints & Art" is evidence that the registering individual and Respondent are attempting to monopolize the use of the letters "aopa" and deny the use of the said letters by others who have legitimate trade marks and rights to use said letters in the conduct of their business interests and activities. There is no legitimate or proper motive or use of such domain names by Respondent demonstrated in the evidence submitted in this case.

12. Respondent has no legitimate or valid interest in the domain name "aopa.com". Respondent's retention of said domain name causes and would cause confusion and substantially lessen Complainant's rights to use and profit by its registered trade mark and established use of "aopa".

CONCLUSIONS

1. The domain name "aopa.com" registered by Respondent with Network Solutions, Inc. is identical with the letters appearing on Complainant's trade mark, and is the same as other of Complainant's marks in which it has rights, and to which Respondent has no rights or legitimate interests.

2. Respondent registered and acquired the domain name "aopa.com" in bad faith.

DECISION

THE DOMAIN NAME "AOPA.COM" REGISTERED BY RESPONDENT, ALBANIAN OIL PAINTINGS & ANTIQUES, BE TRANSFERRED TO COMPLAINANT, AIRCRAFT OWNERS & PILOTS ASSOCIATION.

The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this case. The undersigned certifies that he was impartial and decided the case on the written record presented for decision.

This 30th day of March, 2000.

Tyrus R. Atkinson, Jr.