Generic Top Level Domain Name (gTLD) Decisions

The Complainant is National Rifle Association, USA ("Complainant") represented by Jeffrey H. Greger, Esq., Mason, Mason & Albright. The Respondent is fredg.com, Phoenix, AZ, USA ("Respondent").

The domain names at issue are "friendsofnra.com", "friendsofnra.net", and "friendsofnra.org", registered with Network Solutions.

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

John J. Upchurch is serving as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on October 18, 2000; The Forum received a hard copy of the Complaint on October 16, 2000.

On October 20, 2000, Network Solutions confirmed by e-mail to The Forum that the domain names "friendsofnra.com", "friendsofnra.net", and "friendsofnra.org" are registered with Network Solutions and that the Respondent is the current registrant of the name. Network Solutions has verified that Respondent is bound by the Network Solutions 5.0 registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On October 26, 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 Respondent’s registration as technical, administrative and billing contacts, and to postmaster@friendsofnra.com, postmaster@friendsofnra.net, and postmaster@friendsofnra.org by e-mail.

On November 20, 2000, pursuant to Complainant’s request to have the dispute decided by a One Member panel, the Forum appointed John J. Upchurch as Panelist.

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

He has been a part of "Friends of NRA", a volunteer fundraising organization, for over 9 years. The official NRA Foundation website (nrafoundation.org) has no function for individual committees to promote their wares and events. Respondent’s sites fulfill that need.

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:

(3) the domain name has been registered and is being used in bad faith.

Respondent’s domain names are identical and confusingly similar to the Complainant’s service mark. See Symplicity Corp. v. Bob Gately, D2000-0425 (WIPO July 12, 2000) (finding that the domain name at issue, <simplicity.com> is identical to the mark, SYMPLICITY, in which the Complainant has common law rights acquired through use and for which Complainant has applied for registration with the United States Patent and Trademark Office); State Fair of Texas v. Granbury.com, FA 95288 (Nat. Arb. Forum Sept. 12, 2000) (finding that the ".com" is part of the Internet address and does not add source identity significance").

The Complainant contends that the Respondent as no rights and legitimate interests in the domain names in question. I agree. See State Farm Mutual Automobile Insurance Company v. Douglas LaFaive, FA 95407 (Nat. Arb. Forum Sept. 27, 2000) (finding that "unauthorized providing of information and services under a mark owned by a third party cannot be said to be the bona fide offering of goods or services").

Respondent has registered and used the domain names in bad faith. Attracting Internet users to a website by creating a likelihood of confusion with the Complainant’s marks as to the source, sponsorship, affiliation, or endorsement of the website is evidence of bad faith. See Encyclopaedia Britannica Inc. v. Shedon.com. D2000-0753 (WIPO Sept. 6, 2000) (finding that the Respondent violated Policy ¶4.b.(iv) by using the domain name <britannnica.com> to hyperlink to Respondent’s site).

See also State Farm Mutual Automobile Insurance Company v. Kyle Northway, FA 95464 (Nat. Arb. Forum Oct. 11, 2000) (finding that the Respondent registered the domain name <statefarmnews.com> in bad faith because Respondent intends to use Complainant’s marks to attract the public to a web site without permission from Complainant).

The Complainant also contends that the Respondent registered the domain names in order to prevent the Complainant from reflecting its marks in corresponding domain names. Policy ¶4.b.(ii). To establish this circumstance, there must be evidence of a pattern of conduct. Registering the ".com", ".net", and ".org" versions of the domain name is a pattern of conduct. See Home Interiors & Gifts, Inc. v. Home Interiors, D2000-0010 (WIPO Mar. 7, 2000) (finding that the fact that the Respondent registered two domain names infringing on the Complainant’s marks is suggestive of bad faith.