The Complainant is M&T Quality Restaurant Supply, Los Angeles, CA, USA ("Complainant"). The Respondent is Your Name Here, Eugene, OR, USA ("Respondent").

The domain name at issue is "CHEFSDEPOT.COM", registered with Network Solutions Inc. ("NSI").

The Panelist certifies that he has acted independently and impartially and to the best of his knowledge, has no known conflict in serving as the panelist in this proceeding.

Robert R. Merhige, Jr. is the Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on August 14, 2000; The Forum received a hard copy of the Complaint on 08/14/2000.

On 08/18/2000, NSI confirmed by e-mail to The Forum that the domain name(s) "CHEFSDEPOT.COM" is registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the NSI Service Agreement Version 4.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On August 23, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 09/12/2000 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@chefsdepot.com by e-mail.

On September 19, 2000, pursuant to Complainant’s request to have the dispute decided by a single panel, The Forum appointed the undersigned, Robert R. Merhige, Jr., as Panelist.

The Complainant requests that the domain name be transferred to it.

A. Complainant

Complainant contends that the domain name which is the subject of the complaint herein is identical to Complainant’s mark CHEF=SDEPOT which is utilized in its business by Complainant in telephone books, catalogs, mail, print, and television advertising. Complainant’s business is the offering of kitchen and restaurant design services in association with its core business of selling restaurant equipment and supplies.

Complainant contends that the Respondent has no rights or legitimate interest in the domain name and is not doing any business or offering any service under the mark in issue and further that the registration by Respondent of the domain name was in bad faith in that the same was registered primarily for the purpose of selling, renting or otherwise transferring the rights in the name.

B. Respondent

Respondent contends that it purchased the domain name through Network Solutions on April 2, 1999, for two reasons: (1) for utilization in the restaurant management business; (2) recognizing that the domain name CHEFSDEPOT.COM could be sold for a significant sum should Respondent determine not to use it – as was done in this instance.

Contested issues relate to ICANN Policy, paragraph 4(a)(ii) and Policy paragraph 4(a)(iii) dealing with its registration and use in bad faith. For the reasons detailed in the following paragraphs, I conclude that Complainant’s Complaint is well taken and the relief sought should be granted.

Complainant, M&T Quality Restaurant Supply, d/b/a as CHEF=SDEPOT, is a company organized in accord with the laws of the State of California doing business throughout the United States for the purpose of selling restaurant equipment and supplies at wholesale and to the general public. The evidence establishes and Respondent acknowledges that it had purchased "quite a few names over the course of a couple of months last year. Some were purchased with intent of reselling – "just great names."

Respondent’s attempted explanation of its purchasing, as it did, of a substantial number of domain names is unpersuasive and does not warrant a response from the Complainant. Respondent’s tendered explanation of its substantial number of name purchases is in part that "in most cases I have either experience in the industry involved or a real interest." In contrast, I find from the record before me that the Complainant is and has been since at least January 1997 associated with the restaurant supply business in that it owns the domain name "restaurant-supply.com." The record reflects as well that the Complainant, on August 30, 1999, filed a Fictitious Name Statement (DBA) in Los Angeles County, California, to do business using the name "ChefsDepot."

The record reflects as well that as a consequence of its use of well-distributed catalogs, t.v. advertising, mail and operation of a retail store, it conducts its business throughout the United States.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(2) the Respondent has no rights or legitimate interests in respect of the domain name; and

(3) the domain name has been registered and is being used in bad faith.

The record in this cause establishes that Respondent admits that the domain name is identical or confusingly similar to the name under which the Complainant is currently doing business. The record reflects that to date the only utilization by the Respondent of the name in issue is that Respondent has advertised the domain name for sale. Obviously it was purchased for that purpose. There is no contest but that the domain name in issue is identical to the Complainant’s mark to which Complainant has rights and I so find.

The record also reflects that Respondent has no rights or legitimate interest in the name in issue and has failed to provide a product or service or develop the web site by which it offers the name in issue. In short, it was and is being held by Respondent for the sole purpose of selling same. See Ziegenfelder Co. v. VMH Enterprises, Inc., D2000-0039 (WIPO 3/14/00).

Paragraph 4(b)(i) of the ICANN Policy holds that a domain name has been registered in bad faith if the same has been done primarily for the purpose of selling, renting or otherwise transferring it to a legitimate owner of the rights in the name. The record herein clearly establishes that Respondent’s only purpose in registering the domain name was to sell it, and I so find.

Certain submissions were received in this cause subsequent to the deadline for filing of same under The Forum’s Supplemental rule #7 and though the undersigned was not obliged to accept or consider the same, I have, in the interest of justice, considered each of the supplemental submissions in deciding the issues pertinent to this case.

The record in this case mandates that the domain name in issue be transferred from the Respondent to the Complainant.

For the reasons aforesaid, it is DIRECTED THAT THE DOMAIN NAME "CHEFSDEPOT.COM" REGISTERED BY RESPONDENT, YOUR NAME HERE, BE FORTHWITH TRANSFERRED TO COMPLAINANT, M&T QUALITY RESTAURANT SUPPLY.

Robert R. Merhige, Jr.

U.S.D.J. (Ret.)

Dated: September 29, 2000