ANNE GEDDES
COMPLAINANT,

vs.

KEVIN B. CARMONY
RESPONDENT.

DECISION
Forum File No. FA0005000094866

The above entitled matter came on for an administrative hearing on June 19, 2000, before the undersigned, on the complaint of Anne Geddes (hereinafter referred to as "Complainant") against Kevin B. Carmony (hereinafter referred to as "Respondent") .  The Complainant was represented by Lawrence J. Turner, Esq. The Respondent has not filed a response to the complaint and there has been no representation on behalf of the Respondent interposed.  Upon the written submitted record, the following decision is made:

PROCEDURAL  FINDINGS

Domain Names:                        ANNGEDDES.COM

Domain Name Registrar:           Domain Registration Services

Domain Name Registrant:         Kevin B. Carmony       

Date of Domain Registration:     January 6, 2000

Date Complaint Filed:               May 22, 2000

Due Date for Response:            June 12, 2000

        After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (hereinafter referred to as "The Forum") forwarded the complaint to the Respondents on May 22, 2000, in compliance with Rule 2(a), 1 and the administrative proceeding was commenced pursuant to Rule 4(d).  The Forum immediately notified the above Registrar, Domain Registration Services,  the Internet Corporation for Assigned Names and Numbers (ICANN), and the complainant, that the administrative proceedings had been commenced.  Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).

1. Any reference to "Rule"  or "Rules" and to ICANN'S Rules for Uniform Domain Name Dispute Resolution Policy and Uniform  Domain Name Dispute Resolution Policy as supplimented by the National Arbitration Forum's Supplemental Rules to ICANN's Uniform Dispute Resolution Policy.

On January 6,  2000, Respondent registered the domain name "ANNGEDDES.COM" with Domain Registration Services, the entity that is the Registrar of the domain name.  By registering the domain name "ANNEGEDDES.COM" with Domain Registration Services,  Respondent agreed to resolve any dispute regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS  OF  FACT

        1.             The Complainant is a well known photographer and has been distributing products under the licensed trademark "Anne Geddes" since 1996.

        2.             Heretofore, The United States Patent and Trademark Office issued trademark registrations to the Complainant, each with the mark "ANNE GEDDES" as follows:

Regis. Date                   Regis. No.          Goods and Services

December 16, 1997     2,121,153           Various Paper Items

January 13, 1998        2,128,369           Various Paper Items

April 13, 1999              2,238,897           Computer Mouse Pad

April 20, 1999              2,240,723           Computer Software

June 22, 1999              2,255,667           Plush Toys

August 10, 1999           2,268,954           Plush Toys

February 29,2000        2,324,554           Clothing

March 7, 2000             2,326,036           Clothing

March 7, 2000             2,326,070           Non-metal Decorative Boxes

        2.   Heretofore, The Office For Harmonization in the Internal Market

issued a Certificate of Registration for the trade mark "ANNE GEDDES" as follows:

Regis. Date                   Regis. No.      Goods and Services     

May 1, 1999                000471367       Various Paper items

May 1, 1999                000471417       Various Paper Items

        3.             The Complainant has used the words "ANNE GEDDES' as a mark in connection with the sale of paper goods as early as June 1996, and she continues to use each of the above-referenced marks worldwide, including, but not limited to The United States of America, Canada, Europe, the Former Soviet Republics, Asia and South America.

        4.    The domain name www.annegeddes.com was registered by Anne Geddes'

marketing company Especially Kids Limited, with the Registrar Network

Solutions on December 18, 1997.   The domain name www.anngeddes.net was registered by Anne Geddes' licensing company, Geddes Group Licensing,  Inc. with the Registrar Network Solutions on February 17, 2000.  The domain name www.annegeddes.com was registered by Anne Geddes' licensing company, Geddes Group Licensing, Inc. with the Registrar Network Solutions on February 17, 2000.

5.  On January 6, 2000, the Respondent registered the domain name ANNGEDDES.COM with the Registrar Domain Registration Services.

6. The registered domain name ANNGEDDES.COM is confusingly similar to the Complainant's name, her registered trademarks and her domain name.  It is nearly identical in appearance, sound and meaning to the Complainant's

registered trademarks, the only difference being that in the Respondent's domain name the "E" after ANN and before GEDDES is omitted.

7.   An investigation by the complainant revealed that the Respondent's domain name was being used to siphon off customers to a  firm called I.N.V.U. Portraits, to which Respondent was involved in some way.  As a result of a 

letter served upon I.N.V.U. Portraits by the Complainant's counsel, the Complainant was advised that the domain name in question would no longer be linked to the website ofI.N.V.U. Portraits.  However, now the subject domain name is linked to a new web site, i.e.,  ARTISTS MP3.COM, a musical promotion site which features an artist by the name of Emily Richards, who is represented by the Respondent.  The domain name is now being used to divert customers to this site. 

        8.  Respondent has made no legitimate use of the domain name, and

seeks to profit from the registration of the name by trading upon the goodwill

associated with the Complainant's marks. 

        9. Complainant's prayer for relief requests that the Respondent's

right to use the domain name ANNGEDDES.COM be terminated and that ownership of the domain name be transferred to Complainant.

CONCLUSIONS

            The undersigned certifies that he has acted independently and has no

known conflict of interest to serve as Arbitrator in this proceeding.  Having been

duly selected, and being impartial, the undersigned makes the following findings

and conclusions:

        1.             The domain name ANNGEDDES.COM, registered by Respondent is almost identical and confusingly similar to Complainant's trademarks ANNE GEDDES, and to the Complainant's domain name www.annegeddes.com, to which Respondent has no legitimate right. 

.       2.  The domain names ANNGEDDES.COM is being used in bad faith in that

it has been registered and acquired for the purpose of being used to divert

users seeking the Complainant's web site to the Respondent's site.   

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 NAME "ANNGEDDES.COM" REGISTERED BY RESPONDENT, BE TRANSFERRED TO COMPLAINANT.

Dated: June 19, 2000,                          Honorable Ralph Yachnin, Arbitrator