ABC DISTRIBUTING, INC
COMPLAINANT,

vs.

ALEX FEDOROV
RESPONDENT.

DECISION
FILE NUMBER: FA#94787

The above entitled matter came on for an administrative hearing on June 12, 2000, before the undersigned arbitrator on the Complaint of ABC DISTRIBUTING, INC., (“Complainant”) represented by David C. Gryce, Esquire, of Arent Fox Kintner Plotkin & Kahn, PLLC, 1050 Connecticut Ave., NW, Washington, DC, 20036, against ALEX FEDOROV (“Respondent”).  Upon the written submitted record including the Complaint, the following DECISION is rendered:

PROCEDURAL FINDINGS

Domain Name:  wwwabcdistributing.com

Domain Name Registrar:  Network Solutions, Inc.

Domain Name Registrant:  Alex Fedorov

Date of Domain Name Registration:  December 14, 1999

Date Complaint Filed:  May 8, 2000

After reviewing the complaint, and determining it to be in administrative compliance, the National Arbitration Forum (“Forum”) forwarded the Complaint to the Respondent in compliance with Rule 2(a) of ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy and the administrative proceeding was commenced pursuant to Rule 4(c).  In compliance with Rule 4(d), the Forum immediately notified Network Solutions that the administrative proceeding had commenced.  An administrative panel was selected in accordance with the Rule, and the Complaint was docketed and forwarded to the arbitrator for decision on June 2, 2000.

FINDINGS OF FACT AND CONCLUSIONS

1. Since 1955, Complainant ABC DISTRIBUTING, INC., has sold general merchandise through catalog and mail order sales services under the service marks ABC and ABC DISTRIBUTING, INC., and since July 1997, has sold this merchandise over the internet at its website “abcdistributing.com”. 

2. ABC is the owner of a number of federally registered marks containing either ABC DISTRIBUTING or ABC.

3. Since July 1997, ABC has operated a website under the domain name “abcdistributing.com”.  This website is very active, receiving approximately 6.6 million hits per day, and has become a very popular site for people shopping for the type of merchandise ABC sells at its website. 

4. On December 14, 1999, the domain name registrant, Alex Federov, registered the domain name “wwwabcdistributing.com”.

5. ABC has made significant sales of goods under its ABC DISTRIBUTING marks since long prior to Respondent Federov’s registration of “wwwabcdistributing.com”.  ABC has sold goods under its ABC DISTRIBUTING marks via the internet through computer on-line sales at its website since long prior to Federov’s registration of his domain name “wwwabcdistributing.com”.

6. The domain name selected by Federov, “wwwabcdistributing.com”, is nearly identical and confusingly similar to ABC’s service mark, ABC DISTRIBUTING, INC.

7. Respondent registered a domain name that completely subsumed the domain name of ABC and relies upon the inadvertent typographical error of omitting the periods between “www” and “abcdistributing.com” to garner traffic at his site.

8. Once one falls prey to the typographical error, one is unable to escape Respondent’s series of sexually oriented website(s) and pages through the basic operation of the “OK”, “Cancel,” “Back” and “Forward” buttons.

9. Respondent, by using the subject domain name, has intentionally attempted to attract, for commercial gain, internet users to his website by creating a likelihood of confusion with Complainant’s marks and domain name as to the source, sponsorship, affiliation, or endorsement of the website.

10. Respondent cannot, in good faith, claim that he has made a legitimate, non-commercial, fair use of the domain name; or that he is commonly known by the name “wwwabcdistributing.com”.

11. Respondent has no rights or legitimate interests with the respect to the subject domain name.

12. Respondent’s registration of “wwwabcdistributing.com” is likely to tarnish and disparage the reputation and goodwill associated with Complainant’s marks and domain name and be dilutive of the Mark by frustrating web users trying to locate the Complainant’s website, “www.abcdistributing.com”.

DECISION

Accordingly, I find, as a matter of law, that Respondent’s registration and use of the domain name “wwwabcdistributing.com” was in bad faith.  Further, in accordance with the above findings, it is hereby determined that the domain name “wwwabcdistributing.com” be transferred to the Complainant,  ABC DISTRIBUTING, INC. 

Signed this 12^th day of June, 2000, by the duly selected undersigned Arbitrator, Honorable John J. Upchurch.