V&S Vin
& Sprit Aktiebolag v. Almgreen.com a/k/a Martin Almgren
Claim Number: FA0107000097853
PARTIES
Complainant is V&S Vin & Sprit Aktiebolag, Stockholm, Sweden (“Complainant”) represented by Joanne Ludovici-Lint, of McDermott, Will & Emery. Respondent is Almgreen.com a/k/a Martin Almgren, Haines City, FL, USA (“Respondent”).
REGISTRAR AND
DISPUTED DOMAIN NAME
The domain name at issue is <absolutporn.com> registered with eNom.
PANEL
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding.
Judge Ralph Yachnin as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on July 3, 2001; the Forum received a hard copy of the Complaint on July 5, 2001.
On July 5, 2001, eNom confirmed by e-mail to the Forum that the domain name <absolutporn.com> is registered with eNom and that Respondent is the current registrant of the name. eNom has verified that Respondent is bound by the eNom registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On July 6, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 26, 2001 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@absolutporn.com by e-mail.
Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the Forum transmitted to the parties a Notification of Respondent Default.
On July 30, 2001, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed Judge Ralph Yachnin as Panelist.
Having reviewed the communications records, the Administrative Panel (the “Panel”) finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) “to employ reasonably available means calculated to achieve actual notice to Respondent.” Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
The <absolutporn.com> domain name is confusingly similar to Complainant’s famous ABSOLUT mark.
Respondent has no rights or legitimate interests in the disputed domain name.
The disputed domain name has been registered and used in bad faith.
B. Respondent
Respondent
failed to submit a Response.
FINDINGS
Since 1979, Complainant has used its ABSOLUT mark in connection with the advertising and sale of a variety of products and services, including inter alia, vodka and entertainment services by means of a global computer network. Complainant is the owner of over fifteen (15) United States registered trademarks on the Principal Register of the United States Patent and Trademark Office, several of which have achieved incontestable status.
Complainant registered its ABSOLUT mark as early as October 23, 1984, as Registration No. 1,302,003, located on the Principal Register of the Patent and Trademark Office.
Respondent registered the <absolutporn.com> domain name on June 2, 2001. The disputed domain name is linked to a website offering pornographic adult entertainment services.
DISCUSSION
Paragraph
15(a) of the Rules instructs this Panel to “decide a complaint on the basis of
the statements and documents submitted in accordance with the Policy, these
Rules and any rules and principles of law that it deems applicable.”
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of the Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules.
Paragraph 4(a) of the 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.
Identical and/or
Confusingly Similar
The Panel therefore finds that Policy ¶ 4(a)(i) has been satisfied.
Rights or
Legitimate Interests
The Panel
therefore finds that Policy ¶ 4(a)(ii) has been satisfied.
Registration and
Use in Bad Faith
The Panel therefore finds that Policy ¶ 4(a)(iii) has been satisfied.
DECISION
Having established all three elements required under the ICANN Policy, the Panel concludes that the requested relief shall be hereby granted.
Accordingly, it is Ordered that the domain name <absolutporn.com> be transferred from Respondent to Complainant.
Hon. Ralph Yachnin, Panelist
Justice, Supreme Court, NY (Ret.)
Dated: July 31, 2001
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page