Generic Top Level Domain Name (gTLD) Decisions

SPORTS CAR WORLD, INC.
COMPLAINANT,

vs.

Malcolm Cracknell,
Trading as
SPORTSCAR WORLD
RESPONDENT.

DECISION
Forum File No.:  FA0004000094448

The above entitled matter came on for an administrative hearing on May 30, 2000, before the undersigned Arbitrator on the complaint of Sports Car World, Inc. (Complainant), represented by Jeffrey H. Greger, Esq. (Mason Mason & Albright, 2306 South Eads St., Arlington, VA 22202) (Fax: 703-979-2526;Telephone: 703-979-3242; E-mail: pla@bellatlantic.net)) against Malcolm Cracknell, trading as Sportscar World (Respondent), represented by Tim Ashdown, DMH, 100 Queens Road, Brighton, East Sussex, ENGLAND (Fax: +0144 1273 735801; E-mail: tim.ashdown@dmh.co.uk.)  Upon the written submitted record, including the Complaint and exhibits, Response and Exhibits and Submission of Additional Written Statements and Documents by Complainant, I hereby render the following decision:

PROCEDURAL FINDINGS

Domain Name:  SPORTSCARWORLD.COM

Domain Name Registrar:  Network Solutions, Inc.

Domain Name Registrant:  SPORTSCAR WORLD

Date of Domain Name Registration:  February 17, 1998

Date Complaint Filed: April 12, 2000

Date Response Filed:  May 16, 2000

After reviewing the Complaint and determining it to be in administrative compliance, the National Arbitration Forum (Forum) forwarded the Complaint to Respondent 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 Respondent that the administrative proceeding had commenced.  Respondent has now submitted a Response to the Forum within twenty (20) days pursuant to Rule 5(a) which time has now expired.  The Complaint and exhibits, the Response and exhibits, and the submission of additional written statements and documents by Complainant were docketed and forwarded to the undersigned Arbitrator for decision.

On February 17, 1998, Respondent registered the domain name SPORTSCARWORLD.COM with the domain name registrar Network Solutions, Inc., the entity that is the registrar of the domain name.  Network Solutions, Inc. verified that Respondent is the registrant for the domain name SPORTSCARWORLD.COM and by registering its domain name with Network Solutions, Inc., Respondent agreed to resolve any disputes regarding its domain name through ICANN’s Rules for Uniform Domain Name Dispute Resolution policy.  Neither Complainant nor Respondent has contested the jurisdiction of the Forum or the assigned Arbitrator to resolve this controversy.

FINDINGS OF FACT

1. Complainant is the owner of U.S. Trademark Registration Numbers 1189634 and 1189629 for the marks SPORTS CAR WORLD and SPORTS CAR WORLD and Design covering distribution, retail store, and mail order services featuring automobile parts.  Complainant’s federal registrations for SPORTS CAR WORLD were issued on February 9, 1982 and both registrations are currently valid and incontestable as indicated by the records of the United States Patent and Trademark Office.  Complainant uses its mark in connection with its business which includes the sale of sports cars, automobile parts, miniature cars, and clothing, namely T-shirts and hats, and has used its mark in connection with its business for over twenty-five (25) years.

2. Complainant has been a long standing provider of goods and services in the sports car field, supplying such services to its customers in the United States as well as the United Kingdom and throughout the world.  Complainant advertised its services and trade journals in the United Kingdom long prior to Respondents obtaining the domain name SPORTSCARWORLD.COM.

3. Complainant has the exclusive right to use and license the mark SPORTS CAR WORLD.

4. Respondent obtained the domain name SPORTSCARWORLD.COM on February 17, 1998 and commenced its use of the domain name SPORTSCARWORLD.COM within the United States sometime thereafter.  Respondent’s business is an Internet based specialist magazine which is operated from Respondent’s UK residence.  Although Respondent’s business is primarily news gathering and reporting, it generates revenues through advertising on its website in connection with the sale of sports cars, automobile parts and automobile accessories, miniature cars as well as direct revenue for the sale of T-shirts.

5. Respondent’s domain name SPORTSCARWORLD.COM is identical to or confusingly similar to Complainant’s mark in which Complainant has all rights, title and interests and consumers are likely to be confused into believing that there is some affiliation, connection, sponsorship, approval or association between Respondent and Complainant, when, in fact, no such affiliation or association exists.  See Rule 4(a)(i).

6. Respondent does not have any rights or legitimate interests in respect to the domain name SPORTSCARWORLD.COM.  See Rule 4(a)(ii).

7. Although Respondent may not have specifically targeted the United States when it commenced the use of its domain name SPORTSCARWORLD.COM, the nature and scope of the Internet obviously means that Respondent trades globally when it launched his website. 

8. Respondent has had actual or, at the very least, constructive notice of Complainant’s United States rights in its trademark prior to obtaining the domain name SPORTSCARWORLD.COM and registering the same with Network Solutions Inc. in Herndon Virginia on February 17, 1998.

9. Respondents registered and used the domain name SPORTSCARWORLD.COM in bad faith and evidenced by the fact that by using the domain name SPORTSCARWORLD.COM, Respondent has intentionally attempted to attract for commercial gain, Internet users to his website or other on-line location by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of his website or location or of a product or service on his website or location.  See Rule 4(b)(iv).

10. Respondent’s registration and use of the domain name SPORTSCARWORLD.COM constitutes and infringement of Complainant’s rights in its SPORTS CAR WORLD marks and has caused and will continue to cause substantial and irreparable harm to Complainant and its business reputation and good will.  Complainant therefore demand that Respondent transfer the domain name SPORTSCARWORLD.COM to Complainant.

CONCLUSION

The undersigned Arbitrator 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 and neutral, the undersigned Arbitrator makes the following findings and conclusions:

1.         The domain name SPORTSCARWORLD.COM registered by Respondent with Network Solutions, Inc. on February 17, 1998 is identical or confusingly similar to Complainant's SPORTS CAR WORLD marks, registered trademarks and service marks registered on the principal register of the United States Patent and Trademark Office by Complainant.  Complainant has all rights and interest in said SPORTS CAR WORLD marks.

2.         Respondent does not have any substantial rights or legitimate interests in respect to the domain name SPORTSCARWORLD.COM.

3.         Respondent has registered and used the domain name SPORTSCARWORLD.COM in bad faith.

DECISION

Based upon the above findings and conclusions and pursuant to Rule 4 (1) of the Rules of the Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum Supplemental Rules of ICANN’s Uniform Domain Resolution Policy, I hereby Order that:

1.         The domain name SPORTSCARWORLD.COM registered by Respondent Malcolm Cracknell, Trading as Sportscar World be transferred forthwith to Complainant Sports Car World, Inc., and

2.         Respondent Malcom Cracknell, Trading as Sportscar World shall cease and desist from any and all use of the domain name SPORTSCARWORLD.COM.

Dated:  May 31, 2000                                      Herman D. Michels, Arbitrator