Generic Top Level Domain Name (gTLD) Decisions

ACCU WEATHER, INC.
COMPLAINANT,

vs.

GLOBAL NET 2000, INC.
RESPONDENT.

DECISION
File No:  FA0004000094645

The above entitled matter came on for an administrative hearing on May 29, 2000 before Richard B. Wickersham, the Arbitrator assigned to this matter, on the Complaint of Accu Weather, Inc. (Complainant) against Global Net 2000, Inc. (Respondent).  Upon the written submitted record, including the Complaint and the Response to the Complaint, the following Decision is rendered:

                                                      PROCEDURAL FINDINGS

            Domain Name:             ACUWEATHER.COM

            Registrar's Name:                     Network Solutions

            Record last updated on:            19 April 2000

            Record created on:                   16 March 1998

            After reviewing the Complaint and determining it to be in administrative compliance, the National Arbitration Forum ("The 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 the Internet Corporation for Assigned Names and Numbers ("ICANN") and Respondent that the administrative proceeding had commenced.  Respondent has submitted a Response to the Forum within twenty (20) days, pursuant to Rule 5(a), which time has now expired.  The Complaint and the Response and all Exhibits were forwarded to the Arbitrator for Decision.

            On 16 March 1998, Respondent registered the domain name ACUWEATHER.COM with the Domain Name Registrar.  Respondent agreed to resolve any disputes regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution Policy.  Neither the Complainant nor the Respondent has contested the jurisdiction of the Forum or the Arbitrator assigned to resolve this controversy.

                                                                    DECISION

1.         A Complaint was submitted by AccuWeather, Inc., received April 19, 2000 by National Arbitration Forum.

2.         The Complainant is identified as AccuWeather, Inc., a Pennsylvania Corporation. The Complainant's representative is Timothy A. Schoonover, Esquire, Bellefonte, Pennsylvania.

3.         The domain name subject to this Complaint is acuweather.com registered to Respondent Global Net 2000, Inc., believed to be an Iranian Corporation.

4.         The Complainant's service mark is registered with United States Patent and Trademark Office as of December 17, 1985, Registration Number 1,376,417.  The service mark is used in association with a wide range of weather related goods and services offered by the Complainant and is famous worldwide.

5.         Complainant is a world leader in the provision of commercial weather information for over 20 years and Complainant has registered and conducted business under the domain name accuweather.com for the last 5 years.

6.         The Respondent's domain name, on its face, is confusingly similar to the ACCU-WEATHER servicemark due to the fact that it is spelled identically to the Complainant's mark except for the deletion of one "c".

7. Further, both the Respondent's domain name and Complainant's service mark are pronounced identically.  It is impossible for persons verbally discussing the Complainant's service mark and the Respondent's domain name to distinguish whether the discussion relates to "ACCU-WEATHER" or "ACUWEATHER".  There is no way to distinguish between Complainant's "accuweather.com" domain name and Respondent's "acuweather.com".

8.         Respondent has no right or legitimate interest in this domain name due to the fact that the Complainant's servicemark was registered on December 17, 1985 and has gained worldwide recognition many years before the widespread use of the Internet and the recent registration of the Respondent's domain name.

9.         Respondent's recent registration and use of this domain name is clearly a bad faith attempt to capitalize on the worldwide notoriety of the ACCU-WEATHER service mark.

10.       Investigation further developed that the domain name "acuweather.com" automatically pushed users to a pornographic site.  Even though direct links to the pornographic sites no longer exist, nothing restricts Respondent from reverting to this or similar behavior in the future.

11.       Respondent is intentionally attempting to attract unsuspecting consumers to its website for commercial gain by using the worldwide name recognition of the ACCU-WEATHER service mark.

12.       Through its registration and use of the "acuweather.com" domain name, Respondent is illegally trading on Complainant's mark and domain name.  Such an attempt to trade on Complaint's mark and domain name is illegal and clearly done in bad faith.

13.       Respondent's illegal actions and infringement upon Complainant's mark are in direct violation of Paragraph 2(b) of the Uniform Domain Name Dispute Resolution Policy adopted by Networks Solutions, Inc., which prohibits a domain name registration from infringing upon or violating the rights of a third party.

                                                                 CONCLUSION

            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:

            Respondent's registration of its domain name, "acuweather.com", is nearly identical to Complainant's domain name, "accuweather.com", and has caused confusion and continues to cause a likelihood of confusion with Complainant's service mark; Respondent's registration and use of the domain name "acuweather.com" is confusingly similar with Complainant's ACCU-WEATHER service mark; further, it is determined that Respondent's registration of the domain name "acuweather.com" was done and is being used in bad faith; further, Respondent has no rights or legitimate interest in the ACCU-WEATHER mark. 

15. or all of the foregoing reasons, IT IS HEREBY ORDERED that the domain name registration at issue, namely, "acuweather.com" is hereby transferred to the Complainant, AccuWeather, Inc.

Dated:  June 1, 2000                                        Richard B. Wickersham