Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Armstrong Holdings, Inc., Lancaster, PA, USA ("Complainant"). The Respondent is JAZ Associates, Muntinlupa MU, Philippines ("Respondent").

The domain names at issue are "ARMSTRONGHOLDINGS.COM", "ARMSTRONGHOLDINGS.NET", "ARMSTRONGHOLDINGS.ORG", "ARMSTRONG-HOLDINGS.COM", ARMSTRONG-HOLDINGS.NET", and "ARMSTRONG-HOLDINGS.ORG", registered with Network Solutions Inc ("NSI").

The Panelist certifies that he or she has acted independently and impartially and to the best of his or her knowledge, has no known conflict in serving as the panelist in this proceeding.

Judge Harold Kalina (Ret.) as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 07/11/2000; The Forum received a hard copy of the Complaint on 07/11/2000.

On 07/18/2000, NSI confirmed by e-mail to The Forum that the domain names "ARMSTRONGHOLDINGS.COM", "ARMSTRONGHOLDINGS.NET", "ARMSTRONGHOLDINGS.ORG", "ARMSTRONG-HOLDINGS.COM", ARMSTRONG-HOLDINGS.NET", and "ARMSTRONG-HOLDINGS.ORG", are registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 5.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On 07/18/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/07/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, and to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts by e-mail.

On 08/10/2000, having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, The Forum transmitted to the parties a Notification of Respondent Default.

On August 10, 2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Judge Harold Kalina (Ret.) as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, The Forum’s Supplemental Rules and any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

The Complainant requests that the domain names be transferred from the Respondent to the Complainant.

The Respondent submitted no response in this matter.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(2) the Respondent has no rights or legitimate interests in respect of the domain name; and

(3) the domain name has been registered and is being used in bad faith.

As a result of the Respondent’s failure to respond, all reasonable inferences of fact in the Complaint will be deemed true. See Banco General, S.A. v Webmaster Ams/Uk Billing (Domain for Sale), FA 94993 (Nat. Arb. Forum July 20, 2000).

The domain names in question are identical to and confusingly similar to the Complainant’s registered marks. Placing a hyphen between the terms in the Complainant’s mark does not extinguish the Complainant’s rights in the mark. See The Pep Boys Manny, Moe, and Jack v. E-Commerce Today, Ltd., AF-0145 (eResolution May 3, 2000) (finding that a hyphen between words of the Complainant’s registered mark is confusingly similar).

The Respondent has no rights or legitimate interests in the domain names in question.

The Respondent is not commonly known by the domain names in question. Policy ¶4.c.(ii). The Respondent is known by the name JAZ Associates.

The Respondent is not using the domain names in connection with a bona fide offering of goods and services. Policy ¶ 4.c.(i). The Respondent is not making a legitimate noncommercial or fair use of the domain names. Policy ¶ 4.c.(iii). Rather, the Respondent is using the domain names in question to profit by offering them for sale at a price greater than its out of pocket expenses.

The Respondent has registered numerous domain names that infringe upon the Complainant’s marks. In addition, the Respondent has registered domain names that infringe upon other entities’ marks. For example, a few of the domain names that the Respondent has registered are <prudential-life.com>, <hyattregencyhotel.com>, and <blueicebeer.com>. This reveals that the Respondent has registered the domain names in order to prevent the owner of the trademarks from reflecting the mark in a corresponding domain name. Policy ¶ 4b.(ii).

The Respondent also offered to sell the Complainant the domain names for $12,000. This reveals that the Respondent registered the domain names primarily for the purpose of selling them for valuable consideration in excess of out of pocket costs. Policy ¶ 4b.(i).

The panel concludes that the Respondent registered and used the domain names in bad faith.

Having established all three elements required by the ICANN Policy Rule 4.a, it is the decision of the panel that the requested relief be granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain names, "ARMSTRONGHOLDINGS.COM", "ARMSTRONGHOLDINGS.NET", "ARMSTRONGHOLDINGS.ORG", "ARMSTRONG-HOLDINGS.COM", ARMSTRONG-HOLDINGS.NET", and "ARMSTRONG-HOLDINGS.ORG", be transferred from the Respondent to the Complainant.