THE NATIONAL ARBITRATION FORUM P.O. BOX 50191 MINNEAPOLIS, MINNESOTA 55405 USA

Unitil Resources, Inc.

COMPLAINANT,

Vs.

Robert Ampe

RESPONDENT.

 

DECISION
Forum File No.: FA0002000093553

 

 

The above entitled matter came on for an administrative hearing on March 14, 2000 before the undersigned on the Complaint of Unitil Resources, Inc., hereafter "Complainant", against Robert Ampe, hereafter "Respondent". Complainant was represented by: James G. Daly, Unitil Resource, 6 Liberty Lane West, Hampton, N.H. 03842. Respondent Robert Ampe, 21798 Ticonderoga Lane, Lake Forest, C.A., 92630-2310, represented himself. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: Usource.com and Usource.net

Domain Name Registrar: Network Solutions

Domain Name Registrant: Robert Ampe

Date of Domain Name Registration: October 23, 1998 and December 14, 1998, respectively.

Date of Complaint Filed: February 1, 2000

Date of Commencement of the Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c): February 3, 2000

Due Date for a Response: February 28, 2000. Respondent did file a timely Response to the Complainant.

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on February 3, 2000 in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), The Forum immediately notified Networks Solutions, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).

On October 23, 1998 and December 14, 1998, Respondent registered the domain name Usource.com and Usource.net with Network Solutions, the entity that is the Registrar of the domain name. On February 4, 2000, Network Solutions verified that Respondent is the Registrant for the domain name "Usource.com" and Usource.net, and that further by registering its domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its domain name through ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

  1. Complainant is a corporate entity engaged in the business of consulting and brokering services in connection with the transmission and distribution of gas, electricity, deregulated energy and other fuels (in International classes 35 and 39) and with services of deregulated energy sellers, producers, and suppliers (in International Class 42).
  2. On March 30, 1999 Complainant filed with the United States Department of Commerce Patent and Trademark Office and application to register a service mark, USOURCE, Serial Number 75/690740 USOURCE.
  3. Since March, 1999 Complainant has used USOURCE in connection with marketing materials for its energy brokering and consulting services, including web pages, business cards, documents related to sales of energy, and on letterheads. Complainant has expended substantial sums of money in connection with marketing, promotion, and provision of the mark USOURCE.
  4. Respondent October 23, 1998, and on December 14, 1998, respectively registered Usource.com and Usource.net with Network Solutions.
  5. Following registration of the domain names, Respondent took steps to establish an electronic commerce "business to consumer" web site to sell hardware, software, and related peripherals to the public. Registration of the domain name Usource.net was done with the intention of further branding efforts of the Respondent’s intended web site and business name "Usource.com".
  6. On January 19, 1999 Respondent registered a toll-free phone number (877) USOURCE (876-7723) to further enhance the branding efforts for use in future commerce of the intended web site and business name.
  7. In January, 2000, Respondent sought legal advice to incorporate. A search was made to determine whether any prior use of the mark USOURCE had been made by any other entity. None was found in the State of California.
  8. In June, 1999, Respondent elected to suspend further efforts to continue his business plans for Usource due to financial and time constraints. No goods or services have been offered, provided, or marketed to the public by Respondent in connection with the domain names in dispute.
  9. Complainant made two attempts in 1999 (July and December) to resolve the dispute. Respondent did not respond to Complainant. In late December, 1999, complainant reached Respondent by telephone to make a third attempt to resolve the dispute. The parties were unable to reach an accord.
  10. Complainant’s prayer for relief requests that the domain names Usource.com and Usource.net be transferred from Respondent to Complainant.

 

 

CONCLUSIONS

The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding. Having been duly selected, and being impartial, the undersigned makes the following conclusions:

  1. Complainant and Respondent are not engaged in a similar business venture, and are not in competition in providing services or goods to the marketplace.
  2. The domain names Usource.com and Usource.net are nearly identical and similar to Complainant’s use of the mark USOURCE for which it has made application to register with the United States Department of Commerce Patent and Trade Office.
  3. Respondent’s registration of the domain names in dispute pre-dates any use by Complainant in its business activities.
  4. Respondent’s registration and use was done in good faith, and without intent to interfere with Complainant’s right to conduct business.
  5. Respondent’s actions were intended to pursue a business plan, and to retain the full rights to the domain names Usource.com, and Usource.net for use in that business plan.

 

DECISION

Based upon the above findings and conclusions, this matter is decided as follows:

THE UNDERSIGNED DETERMINES THAT COMPLAINANT HAS FAILED TO PREVAIL IN ITS CLAIM AGAINST RESPONDENT. IT IS FURTHER DETERMINED THAT THE RESPONDENT IS RIGHTFULLY ENTITLED TO BE LISTED WITH Networks Solutions AS THE REGISTRANT OF THE DOMAIN NAMES Usource.com AND Usource.net.

 

 

Judge Harold Kalina (Ret.)

Arbitrator

Date: March 14, 2000