Generic Top Level Domain Name (gTLD) Decisions

DOLLAR FINANCIAL GROUP, INC
COMPLAINANT,

vs.

SAME
RESPONDENT.

            The above-entitled matter came on for an administrative hearing on June 8, 2000, before Paul A. Dorf, Arbitrator, on the Complaint of Dollar Financial Group, Inc., represented by Hilary B. Miller, Esq, hereafter “Complainant” against SAME by its representative, Paul Patterson, hereafter "Respondent." Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Names:                                    theloanmart.org and theloanmart.net

Domain Name Registrar:                       Dotster, Inc.

Domain Name Registrant:                     Same

Date of Domain Name Registration:      March 28, 2000

Date Complaint Filed:                           May 3, 2000

Response Due Date:                             May 30, 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 May 8, 2000. The Respondent did submit a response to The Forum within twenty (20) days pursuant to the rules.

            That the Respondent registered the domain name with Dotster, Inc, 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:

            The Complainant's registered service mark LOAN MART® and its domain names loanmart.org and loanmart.net  are confusingly similar in that Respondent has only added the word “the" prior to the mark.

            Complainant has been continuously using the mark LOAN MART® in interstate commerce since not later than September 1, 1997.  The Complainant's mark was granted registration by the U.S. Patent and Trademark Office on September 29, 1998 under serial number 75/342,261 and registration number 2,192,247, for consumer lending services.

            On March 28, 2000, Respondent registered his domain names theloanmart.org and theloanmart.net.  In his response, Respondent claims that he attempted to register the domain names on March 23, 2000, but his credit card company declined the charge to register the names;  therefore the registration did not go through until March 28, 2000.  On March 24, 2000, Complainant registered the domain names loanmart.net and loanmart.org.  Even though Respondent states in his response that the Complainant must have learned of his attempt to register the domain names through a "watchdog" service, it does not preclude the fact that the Complainant is the registered owner of the mark LOAN MART® and  has been using that mark in commerce since not later than September 1, 1997.

            On April 12, 2000, Complainant's counsel sent correspondence to Respondent regarding the registration of the domain names and making the demand that Respondent immediately transfer to Complainant without consideration of any kind, all rights, title and interest in the domain name, to cease and desist from all commercial activities under Complainant's mark, remove all goods and services bearing the said marks from sale, remove from public view all signage, advertising, etc. bearing the Complainant's mrk, and provide an account to Complainant for the volume of sale which have been achieved under this mark. 

            On April 20, 200, Respondent sent correspondence to Complainant's counsel stating that he did not officially register the names, but rather reserved them in what is termed "Name Safe."  Under this classification, the names  must be activated prior to any use, and although they are listed in the registry they are non-functional at this time.  He also stated that he has no plans to activate the domain names to a commercially usable status.  Respondent also admits that there has never been any form of commerce associated with the names in question, including advertising, sales, etc.

                                                                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:

a.         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

b.         the Respondent has no rights or legitimate interests in respect of the domain names;  and

c.         the Respondent domain names have been registered and are being used in bad faith.

            It is therefore just, right and proper that the domain names theloanmart.org and theloanmart.net  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 NAMES THELOANMART.ORG AND THELOANMART.NET  REGISTERED BY RESPONDENT, SAME, BE TRANSFERRED TO COMPLAINANT, DOLLAR FINANCIAL GROUP, INC.

Dated: June 8, 2000, by Judge Paul A. Dorf, (ret.), Arbitrator