DECISION
Textron Innovations Inc. v. Scott Evans / Texas Aeroplastics
Claim Number: FA2504002151256
PARTIES
Complainant is Textron Innovations Inc. ("Complainant"), represented by Jeremiah A. Pastrick, Indiana, USA. Respondent is Scott Evans / Texas Aeroplastics ("Respondent"), Texas, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <cessna180online.com>, <cessna152online.com> and <cessna150online.com>, registered with GoDaddy.com, LLC.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on April 17, 2025. Forum received payment on April 17, 2025.
On April 18, 2025, GoDaddy.com, LLC confirmed by e-mail to Forum that the <cessna180online.com>, <cessna152online.com> and <cessna150online.com> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On April 25, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 15, 2025 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@cessna180online.com, postmaster@cessna152online.com, and postmaster@cessna150online.com. Also on April 25, 2025, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.
A timely Response was received and determined to be complete on April 28, 2025.
On April 28, 2025, pursuant to the Parties' requests to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant, Textron Innovations Inc., has rights in the CESSNA trademark, which is used in the aviation business. Respondent's domain names <cessna180online.com>, <cessna152online.com> and <cessna150online.com> are confusingly similar to Complainant's mark. Respondent has no rights or legitimate interests with respect to the domain names, which were registered and are being used in bad faith.
B. Respondent
Respondent does not contest Complainant's contentions regarding confusing similarity and lack of rights or legitimacy. As to bad faith, Respondent says:
"The domains were not used in bad faith. The company Texas Aeroplastics sells aftermarket replacement parts for Cessna type aircraft. These domains were acquired for the sole purpose helping customers find replacement parts for thier aircraft. Example: Customer searches for "Cessna 152 wingtips.""
The Response also says:
"I am willing to release these 3 domains (cessna180online.com; cessna152online.com; cessna150online.com) to Textron Innovations Inc. based on thier claim to the Cessna trademark."
However, Respondent "respectfully requests that the Administrative Panel denies the remedy requested by the Complainant."
FINDINGS
Complainant has established all the elements entitling it to relief.
DISCUSSION
The Panel notes that Respondent is willing to release the domain names to Complainant but seeks denial by the Panel of an Order of transfer. Hence the Panel does not consider it appropriate to forego the traditional UDRP analysis.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that 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 Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) 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
Complainant has shown that it has rights in the CESSNA mark through several registrations with the USPTO (e.g., Reg. No. 867435 registered on April 1, 1969).
Respondent does not contest that the <cessna180online.com>, <cessna152online.com> and <cessna150online.com> domain names are confusingly similar to Complainant's mark.
Complainant has established this element.
Rights or Legitimate Interests
Respondent does not contest that Respondent has no rights or legitimate interests in respect of the domain names.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
The <cessna152online.com> domain name was registered on August 14, 2012 and the <cessna180online.com> and <cessna150online.com> domain names were registered on December 12, 2012, in each case long after the registration of Complainant's CESSNA mark. They resolve to websites headed: "TEXAS AEROPLASTICS AIRCRAFT PARTS MANUFACTURER" and stating: "Texas Aeroplastics is your store for Cessna, Piper, and Beechcraft replacement parts…". The websites depict photos of various models of Cessna, Piper and Beechcraft aircraft and offer for sale specific parts of those models "Manufactured by Texas Aeroplastics". This content makes clear that the websites are not operated by Complainant.
However, the Panel finds that, given the structure of each of the <cessna180online.com>, <cessna152online.com> and <cessna150online.com> domain names, combining Complainant's CESSNA mark with the number of one of its aircraft models, together with the word "online", it is likely that many Internet users will mistakenly expect that the domain names and the sites to which they resolve are connected with Complainant. Respondent could hardly have been unaware of the likelihood of such initial interest confusion when he chose to register the domain names, and the Panel infers that Respondent registered the domain names intending to take advantage of the traffic resulting from this confusion.
Accordingly, the Panel finds that, by using the domain names, Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web sites, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his websites.
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <cessna180online.com>, <cessna152online.com> and <cessna150online.com> domain names be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: April 29, 2025
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