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Generic Top Level Domain Name (gTLD) Decisions |
ELIGIBILITY REQUIREMENTS DISPUTE
RESOLUTION POLICY
DECISION
Donald J.
Trump v. Bimal Shah
Claim Number: FA0203000106102
PARTIES
Complainant
is Donald J. Trump, New York, NY, USA (“Complainant”) Melissa L. Klipp,
of Drinker, Biddle & Shanley, LLP.
Respondent is Bimal Shah, Essex, UK (“Respondent”) Bimal Shah.
REGISTRAR AND
DISPUTED REGISTERED NAMES
The
Registered Name at issue is <donald.trump.name>, registered with DomainProcessor.com.
On
April 30, 2002 pursuant to ERDRP Rule 6(b), the Forum appointed James P.
Buchele as the single Panelist. The undersigned Panelist
certifies that he has
acted independently and impartially and to the best of his knowledge has no
known conflict in serving as Panelist
in this proceeding.
Complainant
submitted a Complaint to the National Arbitration Forum (“the Forum”)
electronically on March 22, 2002; the Forum received
a hard copy of the
Complaint on March 25, 2002.
On
March 22, 2002, DomainProcessor.com confirmed by e-mail to the Forum that the
Registered Name <donald.trump.name> is registered with DomainProcessor.com
and that Respondent is the current registrant of the registered name. DomainProcessor.com has verified that
Respondent is bound by the DomainProcessor.com registration agreement and has
thereby agreed
to resolve Registered Name disputes brought by third parties in
accordance with the Eligibility Requirements Dispute Resolution Policy
(“ERDRP”).
On
March 25, 2002 a Notification of Complaint and Commencement of Administrative Proceeding
(the “Commencement Notification”), setting
a deadline of April 15, 2002. By which Respondent could file a Response to
the Complaint, was transmitted to Respondent in compliance with 2(a) of the
Rules of
Procedure for the Eligibility Requirements Dispute Resolution Policy
(the “ERDRP Rules”).
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.
Having
reviewed the communications records, the Administrative Panel (the “Panel”)
finds that the Forum has discharged its responsibilities
under Paragraph 2(a)
of the ERDRP Rules. Therefore, the
Panel may issue its decision based on the documents submitted and in accordance
with the ERDRP, ERDRP Rules, the Forum’s
ERDRP Supplemental Rules and any rules
and principles of law that the panel deems applicable, without the benefit of
any Response
from Respondent.
Complainant
requests that the Registered Name be transferred from Respondent to Complainant
pursuant to Policy 5(f)(i)(B).
A. Complainant
Complainant
asserts that Respondent registered <donald.trump.name> in
violation of the Eligibility Requirements because of the following reasons:
Respondent’s
legal name is not Donald Trump.
Respondent
owns no trademark or service mark rights to the name Donald Trump.
Respondent
is not commonly known by the name Donald Trump.
Complainant
asserts that his legal name is Donald Trump and therefore has rights in the
Registered Name <donald.trump.name>.
In
addition, Complainant is the owner of numerous trademarks incorporating the
name Trump.
B. Respondent
No
Response was received.
Complainant’s
legal name is Donald J. Trump.
Complainant has submitted his passport as proof of this fact. Complainant is also the owner of numerous
trademarks incorporating the name Trump.
Respondent
registered the disputed Registered Name <donald.trump.name> on
January 9, 2002. Respondent has
presented no evidence to show that its legal name is Donald Trump, that it owns
a trademark or service mark for the
name Donald Trump, or that it is commonly
known by the name Donald Trump.
Paragraph
15(a) of the ERDRP Rules instructs this Panel to “decide a Complaint on the
basis of the statements and documents submitted
in accordance with the Policy,
these Rules and any rules and principles of law that it deems applicable.”
In
view of Respondent’s failure to submit a Response, the Panel shall decide this
administrative proceeding on the basis of the Complainant’s
undisputed
representations pursuant to paragraphs 5(e), 14(a), and 15(a) of the ERDRP
Rules and draw such inferences it considers
appropriate pursuant to paragraph
14(b) of the ERDRP Rules.
Paragraph
4(b) of the ERDRP requires that the Complainant prove each of the following
elements in order to establish that the Registered
Name was registered in
violation of the Eligibility Requirements and obtain an order that a Registered
Name should be cancelled:
(1) the name corresponding to the Registered
Name is not the legal name of Respondent; and
(2) the name corresponding to the Registered
Name is not the name of a fictional character in which the Respondent has
trademark or service
mark rights; and
(3) the Respondent has not been commonly
known by the name corresponding with the Registered Name.
If
the above elements are shown, and the Complainant requests that the Registered
Name be transferred to Complainant, paragraph 5(f)(i)(B)
of the ERDRP requires
the Complainant to establish that it meets the Eligibility Requirements
correspondent to the Registered Name.
In order to meet the Eligibility Requirements Complainant must provide
evidence of one or more of the following:
(1) the name corresponding to the Registered
Name is the legal name of Complainant; or
(2) the name corresponding to the Registered
Name is the name of a fictional character in which the Complainant has
trademark or service
mark rights; or
(3) the Complainant has been commonly known
by the name corresponding to the Registered Name.
Respondent’s
legal name is Bimal Shah. There is no
evidence that Respondent’s legal name is also Donald Trump. Therefore, Respondent’s registration of <donald.trump.name>
does not meet this Eligibility Requirement, and ERDRP Policy ¶ 4(b)(i) has been
satisfied.
Name of Fictional Character
There
is no evidence that Respondent owns any trademark or service mark rights for
the name Donald Trump. Therefore,
Respondent does not meet this Eligibility Requirement, and ERDRP Policy ¶
4(b)(ii) has been satisfied.
Commonly Known As
Respondent
is commonly known as Bimal Shah, there is no evidence that Respondent is
commonly known as Donald Trump.
Therefore, Respondent does not meet this Eligibility Requirement and
ERDRP Policy ¶ 4(b)(iii) has been satisfied.
Complainant
has provided verifiable evidence in the form of a passport that his legal name
is Donald Trump. Complainant has
satisfied this Eligibility Requirement and is therefore eligible to register
<donald.trump.name>.
It
has been demonstrated, as required by the ERDRP Policy, that <donald.trump.name>
was registered in violation of the Eligibility Requirements. Furthermore, it has been established that
Complainant has rights to the Registered Name because it is his legal
name. The Panel concludes that the
requested relief shall be hereby granted.
Accordingly,
it is Ordered that the Registered Name <donald.trump.name> be transferred
from Respondent to Complainant.
James P. Buchele Panelist
Dated:
May 9, 2002
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