National Arbitration Forum

 

DECISION

 

Mark Rivkin v. American European Marketing

Claim Number: FA0604000692663

 

PARTIES

 

Complainant is Mark Rivkin, 97 Ardwold Gate, Toronto, ON M5R 2W1, Canada, (“Complainant”).  Respondent is American European Marketing (“Respondent”), represented by Ari Goldberger, of ESQwire.com Law Firm, 35 Cameo Drive, Cherry Hill, NJ 08003, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

 

The domain names at issue are <markrivkin.com>, <andrewrivkin.com>, <harveysolursh.com>, <jennysolursh.com>, <markrivkinsucks.com>, <andrewrivkinsucks.com>, <harveysolurshsucks.com> and <jennysolurshsucks.com>, registered with Domainbank.

 

PANEL

 

The undersigned 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.

 

Louis E. Condon as Panelist.

 

PROCEDURAL HISTORY

 

Complainant submitted a Complaint to the National Arbitration Forum electronically on April 27, 2006; the National Arbitration Forum received a hard copy of the Complaint on April 27, 2006.

 

On April 27, 2006, Domainbank confirmed by e-mail to the National Arbitration Forum that the <markrivkin.com>, <andrewrivkin.com>, <harveysolursh.com> and  <jennysolursh.com> domain names are registered with Domainbank and that the Respondent is the current registrant of the names.  Domainbank has verified that Respondent is bound by the Domainbank 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 May 8, 2006, Domainbank confirmed by e-mail to the National Arbitration Forum that the <markrivkinsucks.com>, <andrewrivkinsucks.com>, <harveysolurshsucks.com> and <jennysolurshsucks.com> domain names are registered with Domainbank and that the Respondent is the current registrant of the names.  Domainbank has verified that Respondent is bound by the Domainbank registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with the Policy.

 

On May 9, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of May 30, 2006 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@markrivkin.com, postmaster@andrewrivkin.com, postmaster@harveysolursh.com, postmaster@jennysolursh.com, postmaster@markrivkinsucks.com, postmaster@andrewrivkinsucks.com, postmaster@harveysolurshsucks.com and postmaster@jennysolurshsucks.com by e-mail.

 

A timely Response was received and determined to be complete on June 9, 2006.

 

On June 15, 2006 pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Louis E. Condon as Panelist.

 

RELIEF SOUGHT

 

Complainant requests that the domain names be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

 

A. Complainant

 

The eight domain names at issue are all the personal names of four individuals and merely add a generic top-level domain (‘gTLD”). All of the sites resolve to the same website containing derogatory material offensive to the Complainants.  Thus the domain names are:

 

(1)   Identical to the Complainants’ names.

 

(2)   Respondent has no rights or legitimate interest in the names.

 

(3)   Respondent has acted in Bad Faith.

 

B. Respondent

 

Complainant fails to allege that he has trademark rights to any of the terms incorporated in the disputed domain names. Complainant only alleges that they are personal names which Complainant would like to have for its own use. Complainant Mark Rivkin has not provided evidence that he has any rights or interest in the other names. Further, Respondent is using the web sites to protest against the four individuals for gripes he has with the organization they operate. Respondent is using the sites to comment on and criticize Complainant’s business practices as the result of a bitter dispute. In so doing, Respondent claims it is exercising its free speech rights.  Accordingly, Respondent maintains it has a legitimate interest in and is making fair, noncommercial use of the names.

 

FINDINGS

 

Complainant has brought a Complaint on behalf of himself and three other individuals, but the other individuals have not joined as parties to this suit and Complainant has not asserted that it has an ownership interest in any of the marks reflecting the other individuals’ personal names.  Under Rule 3(a), “[a]ny person or entity may initiate an administrative proceeding by submitting a complaint.”  The language of the Rule implies that Complainant should consist of a singular entity.  Hence, multiple Complainants that submit a single Complaint must demonstrate a link between the two entities such as a relationship involving a license, a partnership or an affiliation, which would establish the reason for the parties bringing the Complaint as one entity.  Because Complainant has failed to show any link between itself and the other interested parties, the Panel finds that Complainant lacks standing to bring this claim under the Policy for all of the disputed domain names. See CMG Worldwide, Inc. v. Pitanguy Plastic Surgical Clinic, FA 155888 (Nat. Arb. Forum June 3, 2003) (holding that as the complainant provided no evidence to the panel that it has any arrangement to represent the actual trademark holder, or that any rights in the relevant trademark had been assigned or licensed to the complainant, the complainant did not have standing to bring a claim under the UDRP); see also TM Acquisition Corp. v. S.E.A. Domains, FA 156800 (Nat. Arb. Forum June 12, 2003) (dismissing the complainant’s claim against the respondent with respect to domain names that were identical to the names of the complainant’s in-house attorney and Chief Executive Officer, as the complainant did not have standing to bring those claims under the UDRP).  Under these circumstances, it is appropriate to dismiss the Complaint without prejudice, letting Complainant re-file establishing his right to act on behalf of all the parties or for re-filing by all four parties individually.

 

DECISION

 

The Complaint is dismissed without prejudice.  Complainant, with proper authorization, or Complainants individually, are allowed to re-file if they so desire.

 

 

 

Louis E. Condon, Panelist
Dated: June 26, 2006

 

 

 

 

 

 

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