The National Arbitration Forum
P.O. Box 5019
Minneapolis, Minnesota 55405 USA
Steamaster/Steamist Co., Inc.
COMPLAINANT,
Vs.
Guillen's Enterprises, Inc., Jose Guillen,
11040 W. Flagler Street,
Miami, FL. 33174
RESPONDENTS.
DECISION
Form File No.: FA0002000093556
The
above entitled matter came on for an administrative hearing on March 14,
2000 before the undersigned on the
Complainant of Steamaster/Steamist
Co., Inc. hereafter "Complainant", against Guillen's Enterprises,
Inc., Jose
Guillen "Respondents". Complainant was represented
by Dennis Dees 315 West Pondera St., Suite F, Lancaster, CA 93534. There
was no representation on behalf of Respondent: Upon the written submitted
record, the following DECISION is made:
PROCEDURAL FINDINGS
Domain Name: steamist.com
Domain Name Registrar: Network Solutions
Domain Name Registrant: Guillen's Enterprises, Inc.
Date of Domain Name Registration: November 21, 1997
Date Complaint Filed: February 1, 2000
Date of Commencement of the Administrative Proceeding in Accordance with
Rule 2(a) and Rule 4(c)[1]: February 3, 2000
Due Date for a Response: February 28, 2000. Respondent did not submit
a Response to the Complaint.
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 February 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,
the Internet Corporation for Assigned Names and Numbers (ICANN), and the
Complainant that the administrative proceeding
had commenced. Respondent
did not submit a response to The Forum within twenty (20) days pursuant
to Rule 5(a).
On November 21, 1997, Respondent registered the domain name "steamist.com"
with Network Solutions, the entity is the Registrar
of the domain name.
On February 4, 2000, Network Solutions verified that Respondent is the
Registrant for the domain
name "steamist.com", and that further by registering
its domain name with Network Solutions, Respondent agreed to resolve
any
Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution
Policy.
FINDINGS OF FACT
1. Complainant has been using the name STEAMIST in commerce since 1973.
In 1973 Complainant was issued the trademark "STEAMIST"
by the United
States Trademark Office under Reg. No. 769,033 for its exclusive use.
The trademark "STEAMIST" was
again registered for a term of 20 years from
October 23, 1984. The trademark "STEAMIST", with logo, were registered
for a term of 20 years commencing January 01, 1985 by the United States
Trademark Office under Reg. No. 1,312,216.
2. Since 1973, the trademark "STEAMIST", whether in bold letter form,
or in small cap form or with or without logo, has been
used by Complainant
in its business of the manufacture of steambath generators, controls,
seats, saunas, and with
future electronically operated devices for the
delivery of steam and sauna products. Respondent is the service agent
for these products within his geographic territory.
3. On May 12, 1999, "Joe" Guillen, as President
of Guillen's Enterprises Inc. confirmed in an e-mail letter directed to
Complainant that he had earlier offered to sell the domain name "steamist.com"
to Complainant for terms which Complainant
rejected.
4. Complainant seeks cancellation of the current domain name registration
and transfer of the domain name registration to
Complainant.
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 conclusions:
1. The domain name "steamist.com" registered
by Respondent with Networks Solutions on November 21, 1997 is identical
to Complainant's trademark registered by the United States Trademark Office,
Reg. No. 769,033 and subsequently registered
for an additional term of
20 years under Reg. No. 1, 301, 489, save and except for the bold letter
form, and is
virtually identical and confusingly similar to Complainant's
trademark (with logo), Reg. No. 1,312,216, save and except
for the bold
letter form and logo.
2. Complainant has legitimately used the domain name STEAMIST in its
business since 1973 to the present time, and is entitled
to its continued
use in the future without interference by the Respondents.
3. The domain name "steamist.com" was registered
by Respondent Guillen's Enterprises, Inc. strictly for the purpose of
controlling the domain name, and to require Complainant to pay Respondents
to regain ownership and sole control of
the name "steamist", their registered
trademark since 1973.
4. Respondent has no rights or legitimate interests in respect of the
domain name "steamist.com". Respondent acquired the
domain
name for the sole purpose of re-sale to Complainant and not for legitimate
business purposes. Respondents
pattern of conduct interferes with Complainant's
right to conduct its long established business. The domain name has been
registered and is being used by Respondent in bad faith.
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 steamist.com REGISTERED
BY RESPONDENT Guillen's Enterprises, Inc., BE TRANSFERRED
TO COMPLAINANT
[1] Any reference to "Rule" or "Rules" are to ICANN's
Rules for Uniform Domain Name Dispute Resolution Policy and Uniform
Domain Dispute Resolution Policy as supplemented by the National Arbitration
Forum's Supplemental Rules to
ICANN's Uniform Domain Resolution Policy
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