Colin M. Cantrell v. Shaun
Duncan c/o N/A
Claim Number: FA0801001139690
PARTIES
Complainant is Colin M. Cantrell (“Complainant”), represented by Pete
Stoppani, of Pete Stoppani Consulting,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <cantrellmotorsports.com>, registered
with Tucows,
Inc.
PANEL
The undersigned 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 Panelist in this proceeding.
Sandra J. Franklin as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
On January 31, 2008, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of February 20, 2008 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 postmaster@cantrellmotorsports.com
by e-mail.
A timely electronic Response was received on
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <cantrellmotorsports.com> domain name is confusingly similar to Complainant’s CANTRELL MOTOR SPORTS marks.
2. Respondent does not have any rights or legitimate interests in the <cantrellmotorsports.com> domain name.
3. Respondent registered and used the <cantrellmotorsports.com> domain name in bad faith.
B. Respondent
sent in a late Response in letter form via email, which was accorded little
weight, as there was not much detail.
Respondent states that he intended to transfer the domain name <cantrellmotorsports.com> to
Kelly Cantrell.
FINDINGS
Complainant stated that it uses the trade
name “Cantrell Motorsports” for its business name, but does not state when
Complainant started using the name or how it is used in commerce. Complainant also states that it has filed for
a trademark in the U.S. Patent and Trademark Office, but did not provide a copy
of it, or otherwise give the relevant dates.
The Respondent filed the <cantrellmotorsports.com>
domain name in July, 2005.
DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain
Name Dispute Resolution Policy (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.”
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;
(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.
Complainant makes a brief reference to
quitting the employ of Respondent to start his own business in June of
2005. Respondent filed the <cantrellmotorsports.com> domain name in July, 2005. Complainant failed to submit any evidence
with its Complaint; therefore, the exact dates are unknown to the Panel. The Panel infers that Complainant could not
possibly have established rights in the CANTRELL MOTORSPORTS trade name by the
time Respondent registered the <cantrellmotorsports.com> domain name.
The Panel finds that Complainant has failed to establish trademark
rights in the CANTRELL MOTORSPORTS mark.
DECISION
Having failed to establish all three elements required under the ICANN
Policy, the Panel concludes that relief shall be DENIED.
Sandra J. Franklin, Panelist
Dated: March 14, 2008
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