Front Range Community College et. al. v. dannyBOY inc.
Claim Number: FA0202000104197
Complainant is Front Range Community College, Westminster, CO (“Complainant”) represented by Nancy Wahl, of Office of the Attorney General. Respondent is dannyBOY inc., New York, NY (“Respondent”).
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <frontrangecommunitycollege.com>, registered with Tucows, Inc.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge, has no known conflict in serving as Panelist in this proceeding.
Sandra Franklin as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on February 1, 2002; the Forum received a hard copy of the Complaint on February 1, 2002.
On February 1, 2002, Tucows, Inc. confirmed by e-mail to the Forum that the domain name <frontrangecommunitycollege.com> is registered with Tucows, Inc. and that Respondent is the current registrant of the name. Tucows, Inc. has verified that Respondent is bound by the Tucows, Inc. registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On February 5, 2002, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of February 25, 2002 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to firstname.lastname@example.org by e-mail.
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 March 4, 2002 pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed Sandra Franklin 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 Rules for Uniform Domain Name Dispute Resolution Policy (the “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 Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
Respondent’s <frontrangecommunitycollege.com> domain name is identical to Complainant’s FRONT RANGE COMMUNITY COLLEGE common law service mark.
Respondent has no rights or legitimate interests in the disputed domain name.
Respondent registered and used the disputed domain name in bad faith.
No Response was received.
Complainant is an entity of the state of Colorado and is the largest community college in Colorado with locations in Boulder, Westminster, Longmont, Brighton, and Fort Collins, Colorado. The college was established in 1985 and draws students from all over Colorado and beyond.
Respondent registered the disputed domain name on January 30, 2001, well after Complainant began using its FRONT RANGE COMMUNITY COLLEGE name. Respondent has linked the disputed domain name to graphic anti-abortion websites including <holylamb.com> and <abortionismurder.org>, as well as a webite offering to sell the disputed domain name for $1500. The registrants of the anti-abortion websites linked to the disputed domain indicate they have no knowledge of or connection with Respondent.
Paragraph 15(a) of the 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 Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.
Paragraph 4(a) of the 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; and
(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.
Identical and/or Confusingly Similar
Complainant has common law rights in its FRONT RANGE COMMUNITY COLLEGE service mark due to its use of the mark since 1985, and the subsequent wide recognition of Complainant’s mark in the academic community for higher education services.
The Panel finds that Policy ¶ 4(a)(i) has been satisfied.
Rights or Legitimate Interests
The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.
Registration and Use in Bad Faith
Respondent’s linking of the disputed domain name to a website offering to sell the domain name for $1500 indicates that it registered and is using the disputed domain name in bad faith pursuant to Policy ¶ 4(b)(i). See Little Six, Inc v. Domain For Sale, FA 96967 (Nat. Arb. Forum Apr. 30, 2001) (finding Respondent's offer to sell the domain name at issue to Complainant was evidence of bad faith); see also Educational Testing Serv. v. TOEFL, D2000-0044 (WIPO Mar. 16, 2000) (finding that a general offer of sale combined with no legitimate use of the domain name constitutes registration and use in bad faith). Additionally, Respondent’s attempt to blackmail Complainant into buying the disputed domain to avoid the negative publicity Complainant’s college and its students will receive if Internet users associate the school with the politically charged websites indicates bad faith registration and use. See Ingram Micro Inc v. Noton Inc., D2001-0124 (WIPO Mar. 6, 2001) (finding bad faith registration and use where Respondent attempted to blackmail the Complainant into buying the disputed domain names with threats of adverse publicity to the Complainant’s employees and customers).
The Panel finds that Policy ¶ 4(a)(iii) has been satisfied.
Having established all three elements required under the ICANN policy, the Panel concludes that the requested relief shall be hereby granted.
Accordingly, it is Ordered that the <frontrangecommunitycollege.com> domain name be transferred from Respondent to Complainant.
Sandra Franklin, Panelist
Dated: March 13, 2002
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