Generic Top Level Domain Name (gTLD) Decisions

Complainant is Lawrence Research Group, Brisbane, CA, USA ("Complainant"). Respondent is Howard Goldberg, Holt Industries, Westwood, NJ, USA ("Respondent").

The domain name at issue is xandria-collection.com, registered with Tucows.com, Inc.

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

The Honorable Charles K. McCotter, Jr., as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on September 6, 2000; The Forum received a hard copy of the Complaint on September 11, 2000.

On September 8, 2000, Tucows.com, Inc. confirmed by e-mail to The Forum that the domain name xandria-collection.com is registered with Tucows.com, Inc. and that the Respondent is the current registrant of the name. Tucows.com, Inc. has verified that Respondent is bound by the Tucows.com, Inc. registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On September 18, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of October 9, 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@xandria-collection.com by e-mail.

On October 13, 2000, pursuant to Complainant’s request to have the dispute decided by a one member panel, the Forum appointed the Honorable Charles K. McCotter, Jr., as Panelist.

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

A. Complainant

1. The domain name registered by Respondent is identical or confusingly similar to Complainant’s trademark.

2. Respondent has no rights or legitimate interests in the domain name xandria-collection.com.

3. Respondent is using the xandria-collection.com domain name to divert internet users to another web site, houseoflovetoys.com where Respondent sells adult novelty and sensual aids.

B. Respondent

1. There is no evidence of confusion. Complainant and Respondent sell two different types of products.

2. Complainant’s trademark only covers the word "xandria," not the word "collection."

3. Complainant has expanded its product line beyond the scope of its originally intended trademark and product line.

4. Respondent has a right and legitimate interest in the domain name. Respondent’s business includes an array of web sites with hundreds of domain names used for either its own line of products or for resale.

1. Complainant is the owner of the trademark "Xandria Collection" for Goods & Services: IC 042, US 101. G&S: Mail Order and Retail Store Services in the Field of Sensual Novelty Items, Registration No. 1287480, registered July 24, 1984. Complainant also operates an Internet web site at, among other addresses, "xandria.com." Complainant markets and sells adult novelty products and sensual aids through its web site and also through mail-order catalogs and in-home parties.

2. Complainant has marketed and promoted its adult products in interstate and international commerce as the "Xandria Collection" for over twenty-five years. "Xandria Collection" is used extensively on Complainant’s web site, "xandria.com", which is a significant method of advertising, promoting, and selling Complainant’s products.

3. Complainant has invested substantial time and money in developing and marketing its products on its "xandria.com" web site.

4. Respondent registered the domain name xandria-collection.com on May 22, 2000. Respondent’s domain name is (with the exception of the insertion of a "-") identical to Complainant’s trademark. Respondent is not known by the domain name xandria-collection.com.

5. Respondent’s business is multiplex. Respondent owns several websites such as, "bagelbagel.com" which sells bagel equipment nationwide; "heartsarewild.com" which sells lingerie; "houseoflovetoys.com" which sells adult sexual aids. In addition to these websites, Respondent owns several hundred domain names of which Respondent buys, rents, sells, and trades. xandria-collection.com was purchased by Respondent for speculation to expand a line of products and/or to resale/or rent. Respondent buys, sells, and trades domain names to use for its own purposes and/or to resell or rent.

6. The xandria-collection.com domain name is diverted to a site offering the domain name for sale.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be canceled or transferred:

1. The domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

2. 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.

The domain name registered by Respondent is identical or confusing similar to a trademark in which the Complainant has rights. Complainant has held a federal trademark for "Xandria Collection" since July 24, 1984. Respondent’s domain name is, with the exception of a hyphen, identical to Complainant’s mark. CBS Broadcasting, Inc. v. LA-Twilight-Zone, D2000-0397 (WIPO June 19, 2000) (finding that putting a hyphen between words of the Complainant’s mark is identical to and confusingly similar to Complainant’s mark). Respondent’s use of the domain name is not associated with the marketing or sale of products distinctly different from those marketed and sold by Complainant, but with products very similar to those marketed and sold by Complainant.

Respondent does not have rights or legitimate interests in the domain name. Respondent has not shown demonstrable preparations to use the domain name in connection with a bona fide offering of goods or services prior to notice of the dispute.

Registration and Use in Bad FaithThe domain name has been registered and is being used in bad faith. Respondent registered the domain name primarily for the purpose of transferring the domain name to the Complainant or a competitor of the Complainant for consideration in excess of out-of-pocket expenses. Randstad General Partnet, LLC v. Domains For Sale For You, D2000-0051 (WIPO Mar. 24, 2000) (finding bad faith where Respondent offered the domain name for sale on its website for $24,000.00). Respondent uses the domain name to direct users to a site offering the main name for sale. See General Electric Co. v. Forddirect.com, Inc., D2000-0394 (WIPO June 22, 2000) (finding that the Respondent registered and used the domain name in bad faith by using the domain name to direct users to a general site offering the domain name for sale). Because of the similarity of their respective product lines, Respondent’s actions also create a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation or endorsement of Respondent’s products and/or its web site.

Based upon the above findings and conclusions, I find in favor of Complainant. Therefore, the relief requested by Complainant pursuant to Paragraph 4.i of the Policy is Granted. Respondent shall be required to transfer to Complainant the domain name xandria-collection.com.