P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com


 

DECISION

FORUM FILE FA 0004000094417

 

PT.H.M. Sampoerna

Complainant,

Vs.

Sanpoerna (Ametoy Tandy)

Respondent.

The above-entitled matter came on for an administrative hearing on May 9, 2000 before the undersigned on the Complaint of PT.H.M. Sampoerna, hereafter "Complainant", against SANPOERNA (AMETOY TANDY), hereafter "Respondent". Neither party is represented by counsel and the Respondent did not respond to the Complaint.

PROCEDURAL FINDINGS

Domain Name: SAMPOERNA.COM

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Sanpoerna

Date of Domain Name Registration: December 9, 1998.

Date Complaint Filed: April 7, 2000.

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a)[1] and Rule 4(c): April 12, 2000.

Due date for a Response: May 2, 2000.

Respondent did not file a response as required by Rule 5(a).

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 April 12, 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 Network Solutions, Inc., the INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) and the Respondent that the administrative proceeding had commenced. Respondent did not file a response as required by Rule 5(a).

On December 9, 1998, the Respondent registered the domain name SAMPOERNA.COM with Domain Name Registrar Network Solutions, Inc., the entity that is the Registrar of the domain name. When the Respondent registered the domain name, 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

The undisputed evidence establishes that:

  1. Complainant first used the name SAMPOERNA as part of its corporate name and as a trademark in 1986.
  2. Complainant owns United State Registrations Nos. 1,755,637 and 1,752,809 for the mark SAMPOERNA and owns rights in a family of marks based on the mark SAMPOERNA, such as SAMPOERNA A and SAMPOERNA CLASSICS.
  3. Complainant is also the owner of over 100 foreign trademark registrations and pending applications for the SAMPOERNA family of marks.
  4. Respondent registered the domain name SAMPOERNA.COM on December 9, 1998.
  5. Respondent does not have a federally registered trademark for the mark SAMPOERNA nor does Respondent use the name SAMPOERNA as a corporate name.
  6. Respondent lists its name as registrant as SANPOERNA, which is one letter different from Complainant's trademark name SAMPOERNA.
  7. The domain name is identical to the Complainant's name and Respondent's failure to offer any evidence permits the inference that the similarity of names is misleading and the Respondent is intentionally diverting business from the Complainant.
  8. The Respondent has failed to identify any right or legitimate interest in the domain name.
  9. Respondent has failed to respond to four (4) letters from Complainant requesting the transfer of the domain name or demanding Respondent to cease and desist using the name.
  10. Letters to the Respondent have gone unanswered, unclaimed, returned "user unknown" and, "no such address."
  11. The following is evidence of Respondent's bad faith in registering the domain name SAMPOERNA.COM:
  1. Contrary to ICANN's Uniform Domain Name Dispute Resolution Policy, Paragraph 4(b)(iii), Respondent wrongfully registered a domain name SAMPOERNA.COM primarily for the purpose of disrupting the business of a competitor although Respondent knew or should have known that the domain name registration would disrupt the business of an entity already using the identical name, and
  2. Contrary to ICANN's Uniform Domain Name Dispute Resolution Policy, Paragraph 4(b)(iv), Respondent, without any established legitimate basis for doing so, used the domain name SAMPOERNA.COM to attract, for commercial gain, internet users to its web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to source, sponsorship affiliation, or endorsement or location of a product or service.

Complainant's prayer for relief requests that the domain name SAMPOERNA.COM be transferred from Respondent to Complainant, pursuant to Paragraph 4(I) of ICANN's Uniform Domain Name Dispute Resolution Policy.

 

CONCLUSIONS

The undersigned certifies that he has acted independently and has no know 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. The domain name SAMPOERNA.COM is identical and confusingly similar to the mark of the Complainant to which Complainant has established its legal right and to which the Respondent has failed to show any right or legitimate interests.

    2.  

  2. Respondent registered and used the domain name in question in bad faith in that it registered said name for the purpose of disrupting the business of the Complainant.
  3. Respondent acted in bad faith by using the domain name to attract, for commercial gain, Internet users to its Web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship affiliation, or endorsement or location of a product or service.

DECISION

Based on the foregoing, and pursuant to Rule 4(I), it is decided the undersigned directs that the DOMAIN NAME "sampoerna.com" be transferred to Complainant PT.H.M. Sampoerna.

Dated: May 9, 2000, by Judge Daniel B. Banks, Jr. (Ret.), Arbitrator.