Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com

TECHNOLOGY PROPERTIES, INC.

COMPLAINANTDECISION

vs.

NICU POSTOLACHE

RADIO'S HACK & MAINTENANCE ASSOCIATION

RESPONDENT

Forum File No.: FA003000094352

The above-entitled matter came on for an administrative hearing on April 24, 2000, before Paul A. Dorf, Arbitrator, on the Complaint of Technology Properties, Inc., by J. Christian Angle, its attorney, hereafter "Complainant" against Nicu Postolache, Radio's Hack & Maintenance Association or Technical Contact, Zone Contact, Domains, Inc. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Names:Radio-Shack.com

Domain Name Registrar: Internic-Network Solutions

Domain Name Registrant:Nicu Postolache (Radio-Shack4-DOM)

Date of Domain Name Registration:Unknown

Date Complaint Filed:March 21, 2000

Response Due Date: April 17, 2000

The Complainant filed its complaint with the National Arbitration Forum on the above-referenced date. In compliance with the rules, The Forum transferred the Complaint to the Respondent on March 28, 2000. The Respondent did not submit a response to The Forum within twenty (20) days pursuant to the rules.

That the Respondent registered the domain name with Internic-Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with said Registrar, Respondent agreed to resolve any dispute regarding its domain name through ICANN'S Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

The manner in which the domain name(s) are identical or confusing are set out herein below:

Technology Properties, Inc, a wholly owned subsidiary of Tandy Corporation owns the trademark "RadioShack" and licenses it to RadioShack, a division of Tandy Corporation.

The only difference in the domain name "radio-shack.com" from the trademark "RadioShack" is the insertion of the dash between the two words, Radio and Shack. RadioShack has the domain name RadioShack.com.

RadioShack, or its predecessors have used the two word mark Radio Shack since 1924. RadioShack has been using the single word RadioShack trademark since 1995. RadioShack is a well known mark for products and services world-wide.

RadioShack currently h as 3 registrations and 4 applications for the mark RadioShack' or variations . The RadioShack mark is a well known mark which has been used in commerce fore a long time.

The use of the same 2 words Radio and Shack if not identical is confusingly similar to the RadioShack mark.

This domain holder has no rights or legitimate interest in the name radio-shack.

The domain name was registered in bad faith as can be seen on the registration information pages. It was listed "For Sale" four months later, the registrant admitted that RadioShack is a trademark of Tandy Corporation, the parent company of RadioShack.

CONCLUSIONS

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

The undersigned has reviewed all the evidence presented in this case by both parties and has concluded to believe the facts and circumstances as set forth by the Complainant. For that reason, the undersigned decides that:

1. The domain names as registered by the Respondent are identical or confusingly similar to a trade mark or service mark in which the Complainant has rights; and
2. the Respondent has no rights or legitimate interests in respect of the domain names; and
3. the Respondent domain names have been registered and are being used in bad faith.

It is therefore just, right and proper that the domain name Radio-Shack.com be transferred to the Complainant.

DECISION

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

THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME RADIO-SHACK.COM REGISTERED BY RESPONDENT, NICU POSTOLACHE OR TECHNICAL CONTACT, ZONE CONTACT: DOMAINS, INC., BE TRANSFERRED TO COMPLAINANT, TECHNOLOGY PROPERTIES, INC.

Dated: April 24, 2000, by Judge Paul A. Dorf, (ret.), Arbitrator

THE HONORABLE PAUL A. DORF, (ret.) Arbitrator