Generic Top Level Domain Name (gTLD) Decisions

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Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com

DOMAIN NAME DISPUTE ADMINISTRATIVE DECISION

VOLKSWAGEN OF AMERICA, INC.

COMPLAINANT,

vs.

IAN CARSON

DRIVERS WANTED

RESPONDENT.

DECISION
Forum File No.: FA0004000094394

________________________________________________________________

The above-entitled matter came on for an administrative hearing on May 11, 2000 before the undersigned on the Complaint of VOLKSWAGEN OF AMERICA, INC., hereafter "Complainant", against IAN CARSON, DRIVERS WANTED, hereafter "Respondent". James D. Kole, Esq., Clinton Square, P. O. Box 1051, Rochester, N.Y. 14603-1051, represents Complainant. Respondent did not appear. Upon the written submitted record, the following decision is made:

PROCEDURAL FINDINGS

Domain Name: DRIVERSWANTED.COM

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: IAN CARSON

Date of Domain Name Registration: November 12, 1998.

Date Complaint filed: April 3, 2000.

Date of Commencement of Administrative Proceeding in Accordance with Rule

2(a)[1] and Rule 4(c): April 5, 2000.

Due date for a Response: April 25, 2000.

Respondent did not file a response as required by Rule 5(a).

After reviewing the Complaint and determining it to be in administrative compliance, the NATIONAL ARBITRATION FORUM (THE FORUM) forwarded the Complaint to the Respondent on April 5, 2000 in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), The Forum immediately notified Network Solutions, Inc., the INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) and the Respondent that the administrative proceeding had commenced. Respondent did not file a response as required by Rule 5(a).

On November 12, 1998, Respondent registered the domain name DRIVERSWANTED.COM with Domain Name Registrar Network Solutions, Inc., the entity that is the Registrar of the domain name. On April 6, 2000 the Domain Name Registrar NETWORK SOLUTIONS, INC. verified that Respondent is the Registrant for the domain name DRIVERSWANTED.COM and that further by registering its domain name with NETWORK SOLUTIONS, INC., Respondent agreed to resolve any dispute regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

The undisputed evidence establishes that:

1. Complainant first used the mark DRIVERS WANTED in commerce in July of 1995.

2. Complainant registered DRIVERS WANTED as a Trademark May 5, 1995 "in connection with promoting the sale and service of automobiles, for providing extended warranties for automobiles, for automobiles maintenance services, and for leasing of automobiles."

3. The United States Patent & Trademark Office approved the mark for publication May 6, 1997 (Reg. No. 2,059,841).

4. Complainant used the mark DRIVERS WANTED in interstate and international commerce, its dealers earned substantial revenues from the services provided under the DRIVERS WANTED mark, and the mark is associated with goodwill resulting from millions of dollars of advertising and promotions using the mark.

5. Respondent registered the domain name DRIVERSWANTED.COM November 12, 1998.

6. The domain name is identical to Complainant's registered Trademark.

7. Complainant has a long-standing interest and right to the mark DRIVERS WANTED and Respondent has shown no legitimate interest or right to any version of the mark DRIVERS WANTED.

8. Complainant established that the mark DRIVERS WANTED is familiar to those engaged in domestic and international commerce in Complainant's market area.

9. The extent of Complainant's showing of widespread use of the mark DRIVERS WANTED allows the inference that Respondent had actual or at least constructive notice of the prior use of the mark.

10. The following is evidence that Respondent registered a domain name that is identical to Complainant's registered mark in which Respondent has shown no legitimate right or interest and to which Complainant has established a legitimate right and interest and that Respondent did so in bad faith:

4(b)(i) Respondent registered the domain name DRIVERS WANTED primarily for the purpose of selling or otherwise transferring it to the Complainant, who is the owner of the trademark or to a competitor of Complainant, and that Respondent offered it for sale for $20,000 over the internet, that sum being a valuable consideration that is far in excess of any out-of-pocket costs documented by Respondent that are directly related to the domain name

1. Contrary to ICANN's Uniform Domain Name Dispute Resolution Policy Paragraph

4(b)(ii) Respondent wrongfully and knowingly registered a domain name DRIVERSWANTED.COM and then proceeded to represent to those accessing the web site that it was "Your Best Source for Volkswagen Information" followed by the Volkswagen logo. Such use shows an intent to prevent the owner of the trademark from reflecting the mark in a corresponding domain name. The undisputed proof allows an inference that Respondent engaged in a pattern of such conduct knowingly without any claim of right.

2. That contrary to ICANN's Domain Name Dispute Resolution Policy Paragraph 4(b)

(iv) Respondent intentionally attempted to attract, for commercial gain, internet users to its web site by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement. Respondent failed to show any basis for the wrongful attempts to associate itself with Complainant.

Complainant's prayer for relief requests that the domain name DRIVERS WANTED be transferred from Respondent to Complainant, pursuant to Paragraph 4(i) of ICANN's Uniform Domain Name Dispute Resolution Policy.

CONCLUSIONS

The undersigned certifies that she 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:

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 DRIVERSWANTED.COM REGISTERED BY RESPONDENT IAN CARSON BE TRANSFERRED TO COMPLAINANT VOLKSWAGEN OF AMERICA, INC.

DATED: May 11, 2000 by Judge Carolyn Marks Johnson (Ret.), Arbitrator.

Honorable Carolyn Marks Johnson

Assigned District Judge

Arbitrator

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[1] Any reference to "Rule" or "Rules are to ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and Uniform Domain Name Dispute Resolution Policy as supplemented by the National Arbitration Forum's Supplemental Rules to ICANN's Uniform Domain Resolution Policy.