Generic Top Level Domain Name (gTLD) Decisions

THE AARQUE COMPANIES
COMPLAINANT,

vs.

AARQUE GRAPHICS
RESPONDENT.

DECISION
Forum File No.  FA0004000094669

The above-entitled matter came on for an administrative hearing on June 16, 2000, before the undersigned on the Complaint of The Aarque Companies, hereafter “Complainant," against Aarque Graphics, hereafter “Respondent."  Boyle Mathieson entered an appearance on behalf of Respondent.  Upon the written submitted record, the following decision is made:

PROCEDURAL FINDINGS

Domain Names:  AARQUE.COM

Domain Name Registrar:  Network Solutions, Inc.

Domain Name Registrant:  Aarque Graphics

Dates of Domain Name Registration:  July 6, 1998.

Date Complaint Filed:  April 26, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a)^{[1] and Rule 4(c):  May 3, 2000}

Due date for a Response:  May 23, 2000

Respondent’s Response was filed: June 16, 2000.

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum ("The Forum") forwarded the Complaint to the Respondent on May 3, 2000 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. ("Network Solutions"), the Internet Corporation for Assigned Names and Numbers ("ICANN"), and the Respondent that the administrative proceeding had commenced.  Respondent submitted a response to the Forum on June 16, 2000.

On July 6, 1998, Respondent registered the domain name “aarque.com” with Domain Name Registrar Network Solutions, Inc. ("Network Solutions"), the entity that is the registrar of domain names.  On May 4, 2000 Network Solutions verified that Respondent is the registrant for the domain name “aarque.com” and that further by registering its domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its domain name according to the Rules.

FINDINGS OF FACT

1. Complainant first used “Aarque” in commerce in 1976. 

2. Aarque is a name derived from the name, R. Quintus Anderson, a shareholder of Complainant.

3. In 1986 Complainant sold Aarque Pty Limited and all of its subsidiaries including Aarque Systems New Zealand Limited.

4. Aarque Pty Limited was granted in a license the right to use the trade name "Aarque" in certain specified countries, including New Zealand.  That license was renewed in 1993.  There is no evidence that in 1986 or in 1993 Respondent or its predecessor acquired the rights to use the trade name "Aarque" in international commerce.

5. Complainant is using the name "Aarque" in at least seven different business entities.

6. Respondent has registered with Network Solutions the domain name "aarque.com."

7. Respondent has used the domain name "aarque.com" since March 1998 for the purpose of soliciting business from clients and suppliers and for communication between Respondent's various New Zealand branches.

8. Nothing in the record indicates that the domain name "aarquegraphics.com" has been registered previously or that its use would constitute a breach of the 1986 sale and license agreement or the 1993 license agreement.

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. The domain name “aarque.com” registered by Respondent on July 6, 1998 is so close as to be identical or confusingly similar to Complainant’s mark thereby interfering with the Complainant's use of its service mark.

2. The use by Respondent of the domain name "aarque.com" in international commerce violates the license agreement permitting the use of the mark "Aarque" in certain designated countries. 

DECISION

            Based upon the above findings and conclusions, and pursuant to Rule 15, it is decided that the domain name “aarque.com” registered by Respondent Aarque Graphics be transferred to Complainant The Aarque Companies.

            DATED this 16^th day of June, 2000.      Bruce E. Meyerson, Arbitrator