Anheuser-Busch, Incorporated v. Robb W. Baker
c/o 3V Technical, Inc.
Claim Number: FA0605000703453
PARTIES
Complainant is Anheuser-Busch, Incorporated One Busch Place, St. Louis, MO 63118 (“Complainant”). Respondent is Robb W. Baker c/o 3V Technical, Inc. (“Respondent”), 7550 Industrial Ct, Alpharetta, GA 30004.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <michelob.org>, registered with Go Daddy Software, Inc.
PANEL
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
R. Glen Ayers, Jr. served as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the
National Arbitration Forum electronically on May 11, 2006; the National
Arbitration Forum received a hard copy of the Complaint on May 15, 2006.
On May 11, 2006, Go Daddy Software, Inc.
confirmed by e-mail to the National Arbitration Forum that the <michelob.org> domain name is
registered with Go Daddy Software, Inc. and that the Respondent is the current
registrant of the name. Go Daddy
Software, Inc. has verified that Respondent is bound by the Go Daddy Software,
Inc. 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 May 19, 2006, a Notification of Complaint
and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of June 8, 2006 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@michelob.org
by e-mail.
A timely but non-conforming Response was
received and determined to be complete on June 8, 2006.
On June 14, 2006,
pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed R. Glen Ayers, Jr.
as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant, Anheuser-Busch, Incorporated, has asserted, and provided evidence that it owns the famous mark MICHELOB. Complainant asserts that Respondent has registered <michelob.org>, which it asserts is obviously identical or confusingly similar to its famous mark.
Complainant also asserts and presents evidence that Respondent has no rights or legitimate interest in the name Michelob.
Finally,
Respondent asserts and provides evidence that Respondent registered the
offending domain name in bad faith and that Respondent has asked for $2,000 to
transfer the domain name, which, Complainant asserts, is much higher than
Respondent’s costs associated with registering and maintaining that name.
B. Respondent
Respondent did not file a conforming response, but did submit to NAF an email which states:
“The complaintant [sic] has demonstrated persistence and desire for the domain name and therefore they can have it. I do not agree with the complaint. I have never used this site. I had intentions of a site that was a “nickname” of mine from my collegiate days. This site never forwarded users to another site and was idle from its inception. I feel that the forum should be the group that analyzes the complaints and not necessarily relying on the site owner to gather all the information for defense. I feel that the complaintant [sic] owes me money for the fees of registraring [sic] and maintenance of which I asked for and was denied the small sum by Angie Cannon.”
Although
this response does not qualifying as a conforming Response, the Response has
been considered by the Panelist.
FINDINGS
The trademark MICHELOB is a properly registered mark and a famous mark. The domain name <michelob.org> is identical to or confusingly similar.
Complainant has offered evidence that Respondent does not have any
interest in the domain name; Respondent’s response indicates that it might be a
college nickname, but he offers no evidence.
Complainant’s evidence of bad faith includes evidence of the famous
nature of its mark.
DISCUSSION
Paragraph 15(a) of the
Rules for Uniform Domain Name Dispute Resolution Policy (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.”
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.
The domain name and mark are identical or confusingly similar.
Respondent has no interest in or rights to the domain name.
As to bad faith, the evidence of bad faith, even considering Respondent’s Response, is clear. MICHELOB is a famous mark and seems to be in front of this Panelist’s face every time he turns on a sporting event on television. As previously held by other panels, such as at Samsonite Corp. v. Colony Holding, FA 94313 (Nat. Arb. Forum April 17, 2000), evidence of bad faith can be derived from constructive knowledge or notice of a very well known, common mark. See also Travel Zoo Inc. v. Viper a/k/a Slavik Viner, FA 117866 (Nat. Arb. Forum Sept. 18, 2002), which holds that an inference of bad faith is appropriate when a domain name mimics a well-known mark.
DECISION
Having established all three elements
required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <michelob.org>
domain name be TRANSFERRED from Respondent to Complainant.
R. GLEN AYERS, Jr., Panelist
Dated: June
28, 2006
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