Generic Top Level Domain Name (gTLD) Decisions

Spectrum Quality Products, Inc.
(now known as Spectrum Laboratories, Inc.)
COMPLAINANT,

vs.

Spectrum Chemicals
RESPONDENT.

DECISION
File Number FA 0004000094640

  The above-entitled matter came on for an administrative hearing on June 1, 2000, before the undersigned on the complaint of Spectrum Quality Products, Inc. (now known as Spectrum Laboratories, Inc.), hereafter “Complainant”, against Spectrum Chemicals, hereafter “Respondent”.  Complainant was represented by Rubin M. Turner, 8383 Wilshire Blvd., Suite 510, Beverly Hills, California 90211.  Respondent was represented by Raja Akram, Legal Consultant.  Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name:  SPECTRUMCHEMICALS.COM

Domain Name Registrar:  Network Solutions, Inc.

Domain Name Registrant:  Spectrum Chemicals

Date of Domain Name Registration:  January 26, 1999

Date Complaint Filed:  April 17, 2000

            The Complainant filed its complaint with the National Arbitration Forum (“NAF”) on April 17, 2000.  After reviewing the complaint for administrative compliance, NAF transferred the complaint to the Respondent in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c).  In compliance with Rule 4(d), NAF immediately notified the above Registrar, ICANN and the Complainant that the administrative proceeding had commenced.  Respondent filed a timely Response to the Complaint.

            The Respondent registered the domain name with Network Solutions, Inc., the entity that is the Registrar of the domain name.  By registering its domain name with Network Solutions, Inc., the Respondent agreed to resolve any dispute regarding its domain name through ICANN’s Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

1. That the Complainant is the owner of trademark registration number 1087147, registered March 14, 1978, with a ten (10) year renewal term beginning March 14, 1998, including the term “Spectrum.”

2. The registered domain name “SPECTRUMCHEMICALS.COM” is identical or confusingly similar to the trademark described in paragraph 1 and in which the Complainant has rights.  The domain name is used by registrant on chemical products which are confusingly similar to Complaint’s chemical products.

3. There are no circumstances indicating that Respondent registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the Complainant or to a competitor of the Complainant.  There is no indication that Respondent registered the domain name in order to prevent Complainant, as owner of the trademark, from reflecting that mark in a corresponding domain name.  Indeed, Complainant has registered the domain name “SPECTRUMCHEMICALS.COM” which is currently active and in commercial use.  There is an absence of evidence or indication of any pattern of such conduct on the part of Respondent.

4. There is no indication that Respondent registered the domain name primarily for the purpose of disrupting the business of a competitor.

5. Complainant has not established that Respondent, by using the domain name, has intentionally attempted to attract, for commercial gain, internet users to its web site by creating a likelihood of confusion with the complainant’s mark.

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:

1.         There is an absence of a showing of the registration and use of the subject domain name in bad faith in this case; and, accordingly, it is the determination of the Arbitrator that Respondent has in no manner acted in bad faith, and may rightfully continue in the use of its domain, “SPECTRUMCHEMICALS.COM”.

DECISION

            Based upon the above findings and conclusion, and pursuant to Rule 4(i), of ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum’s Supplemental Rules to ICANN’s Uniform Domain Resolution Policy, it is decided as follows:

            THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME “SPECTRUMCHEMICALS.COM”, REGISTERED BY RESPONDENT SPECTRUM CHEMICALS, BE MAINTAINED WITH SPECTRUM CHEMICALS AND NOT BE TRANSFERRED TO COMPLAINANT.

Signed this 1^st day of June, 2000, by Judge John J. Upchurch (Ret.), Arbitrator.