06-29-2006, 10:47 AM
Lassie.com domain name ordered transferred to the Lassie trademark holder Classic Media
The full decision: http://arbiter.wipo.int/domains/decision...-0208.html
Quote:1. The Parties
The Complainant is Classic Media, Inc., New York, New York, United States of America, represented by Sonja Keith, United States of America.
The Respondent is Warren R. Royal, Cumming, Georgia, United States of America, represented by ESQwire.com Law Firm, United States of America.
2. The Domain Name and Registrar
The disputed domain nameis registered with Tucows.
Quote:B. The Parties
The Complainant owns the trademark Lassie and associated character names, and licenses use of both domestically and internationally to agents and licensees.
In the United States, Lassie is one of the most widely known dogs in film, television and print. She has been an American icon since the story of a lost collie finding her way home first appeared in 1938. The story of Lassie expanded into a widely selling novel in 1940, feature films and a radio show in the 1940s, and debuted on television in 1954. The legend of Lassie has continued to grow through its run in syndication, cartoons, books and feature films and continues to be recognized around the globe.
The Respondent owns many common word domain names, such as, , , , , , , , , , , and . See paragraph 2 of the Declaration of Warren Royal (a copy of which appears in Exhibit 3 to the Response).
The Respondent registered the disputed name on January 10, 1999, and claims he did so for use with a business which the Respondent began operating in 1999 called VanityWeb. VanityWeb enabled users to rename their web sites using one of VanityWebs domains as in Bob.Lassie.com or Bob.monarchs.com. The Respondent earned revenue by selling banner ads that appeared on the web pages of that site. See Royal Declaration, paragraph 4, as well as a copy in Exhibit 5 of the Response of a print-out, via www.archive.org, of the www.vanityweb.com web page as of October 1999 which generally describes the Respondents concept for its vanity domain name service (though without any apparent mention of the use of the term Lassie). The Respondent launched his VanityWeb.com site on October 13, 1999. The evidence before the Panel indicates that, while the Respondents VanityWeb.com site was operational, the Respondent never offered thedomain name for vanity use.
In 2000, the market for banner ads collapsed and VanityWebs revenues dropped 90 percent. Consequently, the Respondent was forced to cease operations of his web site.
Moreover, from February 8, 1999, through June of 2002, the Respondent used the disputed domain name as the address of his unofficial fan-site for the Complainants Lassie television series. That particular website featured a chat area, a bookstore, a video store, trivia, links and a mechanism for leaving feedback. A feedback button, when clicked, triggered an email window to pop up which was addressed to wroyal@[email address] (wroyal being an email alias for the Respondent). The site also featured a colorful, flashing link to Yep.com that appears to be an advertisement. The link featured the www.yep.com logo and text indicating that the viewer should click here.
The Respondent has not utilized the disputed domain name since 2002, but on January 1, 2006, he renewed his registration for the name.
Quote:7. Decision
Accordingly, under paragraphs 4(i) of the Policy and 15 of the Rules, the Panel now grants the relief sought by the Complainant.
The disputed domain nameis ordered transferred to the Complainant.
The full decision: http://arbiter.wipo.int/domains/decision...-0208.html