ELIGIBILITY REQUIREMENTS DISPUTE RESOLUTION POLICY
Donald J. Trump v. Bimal Shah
Claim Number: FA0203000106102
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).
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.
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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