Generic Top Level Domain Name (gTLD) Decisions

Kompan Inc.

COMPLAINANT

vs

The Bigstore.Com Inc

RESPONDENT

DECISION
Forum File No.0003000094322

________________________________________________________________________

The above entitled matter came on for an administrative hearing on April 18, 2000 before the undersigned. Komplan, Inc., hereinafter called the "Complainant" against The Big Store.Com Inc, hereinafter called the "Respondent". Complainant was represented by Seann W. Hallisky 1420 Fifth Avenue Suite, 2800 Seattle, Washington 98101-2347. Respondent was represented by Charles C. Fowler of Lyon and Lyon 1900 Main Street, Irvine, California 92614. Upon the written submitted record the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: BIGTOYS.ORG

Domain Registration: The BigStore.Com

Date of Domain Registration: May 2, 1999

Date Complaint Filed: March 17, 2000

Date of Commencement of Administrative Proceedings in accordance with Rule 2(a)and

Rule 4 ©: March 20,2000

Date Response Due: April 12, 2000

After reviewing the complaint and determining it to be in administrative compliance, The National Arbitration Forum forwarded the complaint to Respondent on March 22, 2000, in compliance with rule 2 (a) and the administrative proceeding was commenced pursuant to rule 4 ©. In compliance with Rule 4 (d), the Forum immediately notified Network Solutions Inc, the Internet Corporation for Assigned Names and Numbers (ICANN) and the the Respondent that administrative Proceedings had commenced. Respondent submitted a response to the Complaint.

On May 2, 1999, Respondent registered the domain name "BIGTOYS.ORG."with Network Solutions, the entity that is the Registrar of the domain name. On March 21,2000, Network Solutions verified that Respondent is the Registrant for the domain name "BIGTOYS.ORG" and that by registering its domain name with Network Solutions Respondent agreed to resolve any dispute regarding its domain name through ICANN’S Rules for Uniform domain Dispute Name Dispute Resolution Policy and the Uniform Domain Name Resolution Policy.

FINDING OF FACT

1. That Complainant is the owner of trade mark, "BIG TOYS", registered December 7, 1982, and "BIG TOYS" (stylized), registered July 14, 1981. These registrations are for playground equipment and exercise apparatus. Complainant has registered BIGTOYS (stylized) in four foreign countries.

2. The domain name "BIGTOYS.ORG" is confusingly similar to complainant’s trademark BIG TOYS in its appearance, sound, connotations and commercial expression.

3. Respondent operates a website, "THEBIGSTORE.COM" that provides an interface for the sale of products at retail. It has a number of affiliate websites using the word "BIG", including, "THEBIGHUB.COM", which is a gateway to affiliate sites, i.e. "THE BIGCOMPARE.COM", "THEBIGBALLOT.COM", THEBIGBIZ.COM", and "THEBIGTOYS.COM". Respondent has registered several domain names using the word "BIG" as a prefix i.e. "THEBIGTRAVEL.COM", "THEBIGAUTOPARTS.COM".

4. Before notice of this dispute, Respondent made preparations for use of the domain name in question with a bona fide offering of goods as part of a plan to offer a broad array of goods and services under the name "THEBIGSTORE".

CONCLUSIONS

The undersigned certifies that he has acted independently and has no known conflict of interest to serve as arbitrator in this proceeding. Having been duly selected and being impartial, the undersigned made the following findings and conclusions:

1. That the domain name "BIGTOYS.ORG" is confusingly similar to the trademark to which Complainant has a right.

2. That the Respondent has a legitimate interest in respect of the domain name "THEBIGTOYS.ORG". due to its use in a broad plan to market goods using the work "BIG", as a prefix, several groups of goods and services, one of them being toys, which Complainant uses. The respondent acted with a bona fide plan to offer goods and services on the internet before it had notice of this dispute.

DECISION

Based upon the above findings and conclusions, and pursuant to Paragraph 4(1), it is decided as follows:

The relief requested by Complainant is denied. The domain name "BIGTOYS.ORG" shall remain the property of Respondent.

Dated April 18, 2000 by Judge Henry W. Blizzard (Ret.), Arbitrator

________________________

Henry. W. Blizzard