P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com
State Farm Mutual Automobile Insurance Co.
COMPLAINANT,
VS.
Daniel Kaufman
JIT Consulting
RESPONDENT.
DOMAIN NAME DISPUTE DECISION
Forum File No.: FA000 3000094335
___________________________________________
The above entitled matter came on for an administrative
hearing on April 24, 2000 before the undersigned on the Complaint of
State Farm Mutual Automobile Insurance Company, hereafter "Complainant",
against JIT Consulting, hereafter "Respondent". Complainant was represented
by Janice K. Forrest, One State Farm Plaza (E-7), Bloomington, Illinois
61710. There was no representation on behalf of Respondent. Upon the
written submitted record, the following DECISION is made:
PROCEDURAL FINDINGS
Domain Name: statefarmdirect.com
Domain Name Registrar: Network Solutions, Inc.
Domain Name Registrant: JIT Consulting
Date of Domain Name Registration: unknown Date Complaint Filed: March
21, 2000
Due Date for a Response: April 12, 2000
Respondent did not submit a response to the Complaint.
Date of Commencement of Administrative Proceeding in Accordance with
Rule 2(a)l and Rule 4(c): March 23, 2000
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 March 23, 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 the above Registrar, Network Solutions, the Internet Corporation
for Assigned Names and Numbers (ICANN), and the Complainant that the
administrative proceeding had commenced. Respondent did not submit a
response to The Forum within twenty (20) days pursuant to Rule 5(a).
Respondent registered the domain name "statefarmdirect.com" with Network
Solutions, the entity that is the Registrar of the domain name. 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 owns the following federally registered
trademark for STATE FARM: 1,979,585.
- Complainant first registered the mark "STATE FARM" on June 11,
1996. Complainant first used the mark "STATE FARM" in 1930. Complainant
first used the mark "STATE FARM" in commerce in 1930.
- Complainant has widely and continuously used the mark "STATE FARM"
as a nationally known insurance company with policy holders in the
United States and Canada. Through extensive use STATE FARM has become
a famous mark.
- Registrant registered the domain name in controversy, "statefarmdirect.com"
with the Registrar, Network Solutions.
- The Registered domain name, "statefarmdirect.com", is identical
or confusingly similar to the trademark or service mark in which
the Complainant has rights and the Respondent does not have any
right or legitimate interests in respect of the domain name, "statefarmdirect.com",
which is the subject of the complaint.
- Respondent registered and used the domain name, "statefarmdirect.com",
in bad faith as is evidenced by the circumstances which indicate
that Respondent registered the domain name primarily for the purposes
of selling, renting, or otherwise transferring the domain name registration
to the Complainant who was the owner of the trademark or service
mark or to a competitor of the Complainant, for valuable consideration
in excess of Respondents documented out-of-pocket costs directly
related to the domain name.
- Respondent has registered numerous domain names containing marks
of many parties.
- The exclusivity of Complainants trademark is protected under
United States law.
- No allegation has been made and no evidence has been presented
that Respondent has any right or legitimate interest to the domain
name as provided in Rule 4(c).
- Complainants prayer for relief requests that the domain
name be transferred
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 findings and conclusions:
1.The domain name "statefarmdirect.com", registered
by Respondent with Network Solutions, is identical or confusingly
similar to Complainant's trademark STATE FARM and to which Respondent
has no right or legitimate interests.
- Respondent registered and used the domain name in bad faith as
evidenced by circumstances indicating that Respondent registered
and acquired the domain name "statefarmdirect.com" primarily for
the purpose of selling, renting or otherwise transferring the said
domain name registration to the Complainant who is the owner of
the trademark or service mark, or to a competitor of the Complainant,
for valuable consideration in excess of Respondent's out-of-pocket
costs directly related to the domain name.
- Under ICANNs Uniform Domain Name Dispute Resolution Policy
Complainant has proven that the domain name should be transferred.
DECISION Based upon the above findings and conclusions,
and pursuant to Rule 4(i), it is decided as follows: THE UNDERSIGNED
DIRECTS THAT THE DOMAIN NAME "statefarmdirect.com" REGISTERED BY RESPONDENT
BE TRANSFERRED TO COMPLAINANT. Dated: April 24, 2000, by Judge Karl
V. Fink (Ret.), Arbitrator
Honorable Karl V. Fink