Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Allied Van Lines, Inc. , Naperville, IL, USA ("Complainant") represented by Kristen Mollnow, Esq., Nixon Peabody, LLP. The Respondent is Scanio, New York, NY, USA ("Respondent").

The domain name at issue is "alliedvanlines.com" registered with Register.com.

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

Judge Ralph Yachnin, as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("the Forum") electronically on October 25, 2000; The Forum received a hard copy of the Complaint on October 25, 2000.

On 10/30/00, Register.com confirmed by e-mail to the Forum that the domain name "alliedvanlines.com" is registered with Register.com and that the Respondent is the current registrant of the name. Register.com has verified that Respondent is bound by the Register.com registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On October 30, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of November 20, 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@alliedvanlines.com by e-mail.

Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the Forum transmitted to the parties a Notification of Respondent Default.

On November 29, 2000, pursuant to Complainant’s request to have the dispute decided by a One-Member panel, the Forum appointed Judge Ralph Yachnin as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum’s Supplemental Rules and any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

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

A. Complainant

B. Respondent

Respondent did not submit a response in this matter.

Complainant is a Delaware corporation, with its principle place of business in Naperville, Illinois. Complainant has continuously used its famous mark, ALLIED VAN LINES, in connection with moving services since March 19, 1928. The mark has been registered with the United States Patent and Trademark Office since September 27, 1949.

Respondent domain name holders are SCANIO and Yris Bilia. The domain name at issue was registered on behalf of Scanio Movers, Inc., a New York corporation that provides local moving service within New York.

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.

Complainant’s rights are evidenced by its famous trademark ALLIED VAN LINES.

The domain name in question, "alliedvanlines.com" is clearly intended to be a reference to the Complainant’s mark. Policy ¶ 4.a.(i). Given the identical nature of the Complainant’s mark with the domain name, reasonable consumers will presume the domain name is affiliated with the Complainant. See Blue Sky Software Corp. v. Digital Sierra Inc., D2000-0165 (WIPO April 27, 2000) (holding that the domain name ROBOHELP.COM is identical to complainant’s registered ROBOHELP trademark, and that the "addition of .com is not a distinguishing difference").

According to the UDRP, Respondent bears the burden of proving that it has rights or a legitimate interest in the domain name in question. Here, there is no evidence that would indicate that Respondent has any such rights or legitimate interest in said domain name. Policy ¶ 4.a.(ii). Thus, the Panel must determine whether Respondent has any rights based upon the evidence presented. In this case, the Respondent is not commonly known by the Complainant’s established mark that forms the Respondent’s domain name. Policy ¶ 4.c.(ii). Therefore, since the Respondent has made no showing with respect to any of the above factors, the panel must find that Respondent has no rights or legitimate interest in the domain name at issue.

Complainant contacted the Respondent and demanded that Respondent cease and desist infringing the ALLIED VAN LINES trademark and that Respondent transfer domain name to Complainant. In response to Complainant’s efforts, Respondent offered to sell the domain name to Complainant. Policy ¶ 4.b.(i).

The Respondent’s offer to sell the domain supports a determination that the domain was registered, and being used, in bad faith. See ICANN Procedures, Paragraph 4(b)(i). See also The Board of Regents of the University of Nebraska v. Saedlo, D2000-0154 (WIPO April 20, 2000) ("the act of registering and then offering to sell a domain name supports a determination of ‘bad faith’").

In addition, the Respondent’s primary motivation for registering the domain name appears be to attract potential customers to a website operated by Scanio Movers, Inc. by causing them to believe that Scanio has some sort of affiliation with, or sponsorship by Complainant’s mark. Policy ¶ 4.b.(iv). See Fossil Inc. v. NAS, FA 92525 (Nat. Arb. Forum Feb. 23, 2000) (finding that the Respondent acted in bad faith by registering the domain name <fossilwatch.com> and using it to sell various watch brands).

Having established all three elements required under the ICANN Policy, the panel concludes that the requested relief shall be granted.

Accordingly, it is ordered that the domain name alliedvanlines.com be transferred from Respondent to Complainant.

Judge Ralph Yachnin

Justice, Supreme Court, NY, (Ret.)

Dated: November 30, 2000