Generic Top Level Domain Name (gTLD) Decisions

The Complainant is American Airlines, Inc., DFW Airport, TX, USA ("Complainant") represented by Kay Lyn Schwartz, Gardere & Wynne, L.L.P. The Respondent is Barbara Prindle, Sharon, CT, USA ("Respondent") represented by Nicholas Ward.

The domain name at issue is aaflightservice.com, registered with Melbourne IT, Ltd. d/b/a Internet Names Worldwide.

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.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on October 17, 2000; The Forum received a hard copy of the Complaint on October 18, 2000.

On October 18, 2000, Melbourne IT, Ltd. d/b/a Internet Names Worldwide confirmed by e-mail to The Forum that the domain name aaflightservice.com is registered with Melbourne IT, Ltd. d/b/a Internet Names Worldwide and that the Respondent is the current registrant of the name. Melbourne IT, Ltd. d/b/a Internet Names Worldwide has verified that Respondent is bound by the Melbourne IT, Ltd. d/b/a Internet Names Worldwide registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANNís UDRP.

On October 25, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of November 14, 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 Respondentís registration as technical, administrative and billing contacts, and to postmaster@aaflightservice.com by e-mail.

On November 15, 2000, pursuant to Complainantís request to have the dispute decided by a One Member panel, the Forum appointed the Honorable Paul A. Dorf (Ret.) as Panelist.

On November 20, 2000, the Complaint submitted a Reply to Respondentís Response. As this submission was not timely in accordance with Supplemental Rule #7, it was not accepted by this Arbitrator.

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

A. Complainant

The Complainant contends that the Respondent has no rights or legitimate interest in the domain name, violated the Complainantís trademarks and is using the domain name in bad faith.

B. Respondent

It is the Respondentís contention that it used a long and well-established business practice by using the letters "AA" as a means to generate alphanumeric predominance (the front of the phone book) rather than assigning any particular meaning or branding to the letters themselves. While they admit they did consider the name "AAA" flight service, but this choice would have resulted in a longer domain name, would be harder to remember, and would cause the Respondent loss of alphanumeric standing, etc.

Complainant has acquired extensive rights in numerous trade names, trademarks, and service marks, including the marks "AA" and "American Airlines" and related trade dress used in connection with, among other things, air transportation services. The Complainant has used the trademarks "AA" and "American Airlines" in commerce dating back to at least 1934, is recognized as one of the nationís largest airlines, has acquired a nationwide reputation for quality goods and services and has accumulated substantial public goodwill and is identified by these marks.

"Flight Service" is the generic name for the in-cabin service provided by Flight Attendants, and that "www.aaflightservice.com "is a free, non-commercial website and forum that contains tips on flying conditions, destination cities, weather, employment information and union activities for flight attendants. The content is edited by and for flight attendants, and not for the general consumer.

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 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.

The domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights, which consists of the terms "AA" and "American Airlines" combined with the generic terms "flight" and "service." This makes the domain name confusingly similar to Complainantís trademarks and service marks. See L.L. Bean, Inc. v. ShopStarNetwork, FA 95404 (Nat. Arb. Forum Sept. 14, 2000) (finding that combining the generic word "shop" with the Complainantís registered mark "llbean" does not circumvent the Complainantís rights in the mark nor avoid the confusing similarity aspect of the ICANN Policy).

The Complainant did not give the Respondent permission to use its mark, nor is the Respondent commonly known by the domain name at issue. The Respondent claims that its intended use for the domain name was to provide a website and forum to provide various information to flight attendants. See Chi-Chiís Inc. v. Restaurant Commentary, D2000-0321 (WIPO July 13, 2000) (finding that Respondent had no rights or legitimate interest in the domain name even though Respondent stated that it intended to use the domain name for "public comment" on the Internet).

The registration of this domain name prevents the Complainant from reflecting its marks in corresponding domain names important in its business, thereby disrupting the Complainantís business. As the Respondent states its purpose for the website was to provide a free, non-commercial website and forum for flight attendants, it would appear that the Respondent knew or should have known of the Complainantís famous mark "AA." See Deutsche Bank AG v. Diego-Arturo Bruckner, D2000-0277 (WIPO May 30, 2000) (holding that the Respondent should have known of the Complainantís marks at the time of registration given the widespread use and fame of the Complainantís "Deutsche Bank" mark).

As all three elements required by the ICANN Policy Rule 4(a) have been satisfied, it is the decision of this panelist that the requested relief be granted. Accordingly, for all of the foregoing reasons, it is ordered that the domain name "aaflightservice.com" be transferred from the Respondent to the Complainant.

Honorable Paul A. Dorf (Ret.), Panelist

Dated: November 28, 2000