Generic Top Level Domain Name (gTLD) Decisions

THE NATIONAL ARBITRATION FORUM

Post Office Box 50191

Minneapolis, Minnesota  55405

___________________________________________

Almanauta, Inc.
1330 Coral Way, Suite 208
Miami, Florida 33145
COMPLAINANT,

VS.

Raul Alberto Cinelli,
Obispo Salguero, Suite 208
Cordoba, Argentina 5000

RESPONDENT.

DOMAIN NAME DISPUTE DECISION

Forum File No.: FA000 2000093630

___________________________________________

The above entitled matter came on for an administrative hearing on March 14, 2000 before the undersigned on the Complaint of Almanauta, Inc, hereafter "Complainant", against Raul Alberto Cinelli, hereafter "Respondent", Complainant was represented by Jay Sanchelima,  235 S.W. Le Jeune Road, Miami, Florida  33134-1762. There was no representation on behalf of Respondent, Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: Almanauta.com

Domain Name Registrar: Internic

Domain Name Registrant: Raul Alberto Cinelli

Date of Domain Name Registration: June 7, 1998

Date Complaint Filed: February 4, 2000

Due Date for a Response:  March 1, 2000

Respondent did not submit a response to the Complaint.

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a)l and Rule 4(c)[1]: February 7, 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 February 7, 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 the above Registrar, Internic,  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 June 8, 1998, Respondent registered the domain name "Almanauta.com" with Internic, the entity that is the Registrar of the domain name. By registering its domain name with Internic, 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. On February 28, 1997, Complainant filed with the United States Patent and Trademark Office, an application for registration for the trademark ALMANAUTA.

2. On December 28, 1998, the United States Patent and Trademark Office issued the registration for ALMANAUTA, under Registration No. 2,215,254, for prerecorded audio tapes and video tapes featuring information and techniques in the field of parapsychology.  ALMANAUTA was first used in commerce in 1984.

3. On June 8, 1998, Registrant registered the domain name in controversy, "Almanauta.com" with the Registrar, Internic.

4. On or about July 1999, Complainant decided to register its trademark as a domain name, for marketing purposes though the internet. However, it learned through the availability search conducted with Internic, that Registrant has registered Complainant's trademark as a domain name, therefore, Complainant was barred from registering its own trademark as a domain name.

5. The Registered domain name, "Almanauta.com", is identical or confusingly similar to the trademark  or service mark in which the Complainant has rights and the Respondent does not have any right or legitimate interests in respect of the domain name, "Almanauta.com", which is the subject of the complaint.

6. Complainant has been damaged by the acts of the Registrant and will continue to be damaged unless the domain name, "Almanauta.com" is transferred to Complainant.

7. Respondent registered and used the domain name, "Almanauta.com", in bad faith as is evidenced by the circumstances which indicate that Respondent registered the domain name primarily for the purposes of selling, renting, or otherwise transferring the domain name registration to the Complainant who was the owner of the trademark or service mark or to a competitor of the Complainant, for valuable consideration in  excess of Respondents documented out-of-pocket costs directly related to the domain name.

8. Respondent made no legitimate use of the domain name and seeks to profit from its registration of the name by trading upon the good will  associated with Complainant's marks.

9. Complainant's prayer for relief requests that the domain name be transferred from Respondent 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 findings and conclusions:

1. The domain name "Almanauta.com", registered by Respondent on June 8, 1998 with Internic, is identical to Complainant's trademark ALMANAUTA, and to which Respondent has no right or legitimate interests.

2. Respondent registered and acquired the domain name "Almanauta.com" primarily for the purpose of selling, renting or otherwise transferring the said domain name registration to the Complainant who is the owner of the trademark or service mark, or to a competitor of the Complainant, for valuable consideration in excess of Respondent's out‑of‑pocket costs directly related to the domain name. Respondent registered and used the domain name 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 "Almanauta.com" REGISTERED BY RESPONDENT RAUL ALBERTO CINELLI BE TRANSFERRED TO COMPLAINANT ALMANAUTA, INC.

Dated: March 15, 2000, by Judge Karl V. Fink (Ret.), Arbitrator