Bibbero Systems, Inc. v Tseu & Associates Co. & TSLIN & Sons, Inc.

The above-entitled matter came on for an administrative hearing on May 9, 2000, before Paul A. Dorf, Arbitrator, on the Complaint of Bibbero Systems, Inc., hereafter "Complainant" against Tseu & Associates Co. & Tslin & Sons, Inc. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: bibbero.com

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Tseu & Associates Co. & TSLIN & SONS, INC.

Date of Domain Name Registration: August 24, 1998

Date Complaint Filed: April 10, 2000

Response Due Date: May 4, 2000

The Complainant filed its complaint with the National Arbitration Forum on the above-referenced date. In compliance with the rules, The Forum transferred the Complaint to the Respondent on April 14, 2000. The Respondent did not submit a response to The Forum within twenty (20) days pursuant to the rules.

That the Respondent registered the domain name with Network Solutions, Inc., the entity that is the Registrar of the domain name. By registering its domain name with said Registrar, Respondent agreed to resolve any dispute regarding its domain name through ICANN'S Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

The manner in which the domain name(s) are identical or confusing are set out herein below:

The Complainant, Bibbero Systems, Inc., was originally incorporated in 1953 and began using the registered trademark on which this complaint is based in 1965. On May 25, 1977 the registered trademark was assigned Registration Number 112000, and the description of the goods and services, as indicated on the registered trademark, are paper and stationary items - namely printed forms and charts, file labels, ledger cards, file folders, envelopes, merchandise catalogs, ballpoint photocopy pens,, bookkeeping journals,, journal binders, control boards for mounting daily journal forms, hand stamps, ledger dividers and trays for printed forms. The date of first use of the trademark in commerce is October 15, 1965. The trademark has been in continuous use since this date, and has been consistent with the description of goods and services as described on the registered trademark. From time to time, additional goods and services have been added to the Complainant's product line and certain goods and services have been discontinued from their general product offerings.

In its 47 years, the Complainant has developed a national presence, brand name recognition and brand name loyalty and has achieved a significant national market share of its target market and is commonly known as Bibbero.

"Bibbero" is a family surname and is the surname of the founder of Bibbero systems, Inc. The Respondent has no affiliation with, is not employed by, and is not contacted with the Complainant, nor is the respondent a member of the Bibbero family and is in no way related, by birth or marriage, to any member of the Bibbero family.

The Complainant believes that the Respondent registered this domain name to prevent the Complainant from registering the name, to disrupt the Complainant's business and that the domain name was registered with the intent of selling the domain name. Several years ago, the Respondent approached the Complainant, unsolicited by Complainant and singular in nature, in an attempt to have them market and sell a software program developed hy the Respondent. After review and consideration, the Complainant chose not to incorporate the Respondent's product in their product line.

The Respondent has demonstrated a desire to sell its rights to the domain name, as indicated in an e-mail sent to Lyle Smith and Mike Buckley of Bibbero, stating that the domain name at issue was purchased by Karl Tseu and his wife for their cat, and that they had no plans for posting bibbero the cat's website anytime soon, as indicated in Exhibit 5 of Complainant's complaint.

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:

The undersigned has reviewed all the evidence presented in this case by both parties and has concluded to believe the facts and circumstances as set forth by the Complainant. For that reason, the undersigned decides that:

The domain name as registered by the Respondent are identical or confusingly similar to a trade mark or service mark in which the Complainant has rights; and

the Respondent has no rights or legitimate interests in respect of the domain names; and

the Respondent domain names have been registered and are being used in bad faith.

It is therefore just, right and proper that the domain name bibbero.com be transferred to the Complainant.

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 BIBBERO.COM REGISTERED BY RESPONDENT, TSEU & ASSOCIATES CO. & TSLIN & SONS, INC., BE TRANSFERRED TO COMPLAINANT, BIBBERO SYSTEMS, INC.

Dated: May 9, 2000, by Judge Paul A. Dorf, (ret.), Arbitrator