Generic Top Level Domain Name (gTLD) Decisions

The National Arbitration Forum

P.O. Box 50191

Minneapolis, Minnesota 55405 USA

____________________________________

BEFORE THE NATIONAL ARBITRATION FORUM

Complainant:

Aeroturbine, Inc.
c/o Lawrence H. Brinker,
Vice President, General Counsel
7200 NW 19^th Street, Suite 402
Miami, Florida
e-mail: Aeroturbne@aol.com
Telephone: 305-406-3090
Fax: 305-406- 3065

Respondent:

Domain Leasing Ltd
P.O. Box 24323
Sharjah
United Arab Emirates, AE
e-mail: charlotte FG@mail.com
Telephone: 212-253-4228
Fax: 212-253-4216

DECISION:
Filing Date: 2/10/00
File Number: FA0002000093674

____________________________________

DOMAIN NAME DISPUTE ADMINISTRATIVE PANEL DECISION

Domain Name(s): AEROTURBINE.COM

Domain Name Registrar: Network Solutions

Date of domain name registration: November 9, 1997

Date Complaint was sent to Respondent in accordance with Rule 2(a):February 10, 2000

Response Due Date: March 4, 2000

PROCEDURAL FINDINGS

The Complainant, Aeroturbine, Inc., filed its Complaint with the National Arbitration Forum pursuant to the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on February 10, 2000. After reviewing the Complaint for administrative compliance, the Forum transferred the Complaint to the Respondent, Domain Leasing Ltd, 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, ICANN and the Complainant that the administrative proceeding had commenced.

The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain name. By registering the domain name with Network Solutions, the Respondent agreed to resolve any dispute regarding its domain name through ICANN’s Uniform Domain Name Dispute Resolution Policy.

The complaint is based on the following service mark: "AEROTURBINE."

The above-captioned matter came on for an administrative hearing on March 23, 2000 before the undersigned. The Respondent has not responded to the Complaint and is in default. This matter is submitted for decision in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the "Policy") and Rules (the "Rules"). Upon the written submitted record, and the following findings and conclusions, I find for the Complainant.

FINDINGS OF FACT

1. "AEROTURBINE" is a Registered service mark in the United States Patent and Trademark Office, Reg. No. 2,260,554, registered July 13, 1999. Complainant uses the mark in its after-market aerospace business of selling and leasing aircraft, aircraft engines and aircraft parts. On September 26, 1997, Avengines, Inc. changed its name to Aeroturbine, Inc. by filing a Certificate of Amendment with the Secretary of State of Delaware.
2. The Respondent registered the domain name "AEROTURBINE.COM" with Network Solutions on November 9, 1997.
3. The domain name "AEROTURBINE.COM" registered by Respondent is exactly the same as Complainant’s registered service mark and its legal corporate name. Consequently, the domain name "AEROTURBINE.COM" could easily be mistaken for the service mark "AEROTURBINE."
4. The Respondent has no rights or legitimate interests in the domain name. The Respondent has not used the "AEROTURBINE.COM" domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services nor in a legitimate noncommercial or fair use manner.
5. The Respondent registered and used the domain name in bad faith. Under these circumstances, the bad faith registration of the domain name followed by inaction or passive holding constitutes bad faith use of the domain name.

CONCLUSIONS

Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following:

1. that the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
   
   
2. that the Respondent has no legitimate interests in respect of the domain name; and
   
   
3. that the domain name has been registered and used in bad faith.

The Complainant has shown each of the above.

DECISION

I certify that I have acted independently and have no known conflict of interest to serve as the arbitrator in this proceeding. Having been duly selected and being impartial, I enter the following decision:

Based upon the above findings and conclusions, and pursuant to Rule 4(i), I find in favor of the Complainant and direct that the domain name "AEROTURBINE.COM" registered by the Respondents, Domain Leasing Ltd, be transferred to Complainant, Aeroturbine, Inc.

This 23rd day of March, 2000.

Charles McCotter

Arbitrator