Baker Hughes Inc. v. Petroil, C.A.
Baker Hughes v. Petroil]
[Indexed as: Vybar.com]
Administrative Panel Decision
Case No. FA
Commenced: 3 February 2000
Judgment: 14 March 2000
Presiding Panelist: Judge John J. Upchurch (Ret.)
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interest - Unfair competition.
The Complainant is the owner of the trademark term "Vybar". The Complainant alleges that the domain name "Vybar.com", which was registered by the Respondent, sells products which are identical or confusingly similar to the Complainant's products.
Held, Name Transferred to Complainant.
The domain name "Vybar.com" is nearly identical and confusingly similar to the trademark held by the Complainant and to which Respondent has no right or legitimate interest.
Respondent registered and acquired the domain name "Vybar.com" for the sole purpose of creating confusion and an unfair competitive advantage with Complainant to the Complainant's detriment. Respondent registered the domain name in bad faith, with full knowledge of Complainant's trademark rights as evidenced by a direct referral to Complainant and Complainant's trademarked product on its home page screen.
Policies referred to
Uniform Domain Name Dispute Resolution Policy
Hon. Upchurch, Panelist: -
matter came on for an administrative hearing on March 14, 2000, before
the undersigned on the complaint of Baker Hughes Inc., hereafter "Complainant",
against Petroil, C.A., hereafter "Respondent". Complainant was represented by Stephen A. Littlefield, 12645 West Airport Boulevard, Sugar Land, TX 77478. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:
Domain Name: Vybar.com
Domain Name Registrar: Register.com
Domain Name Registrant: Petroil, C.A.
Date of Domain Name Registration: December 20, 1999
Date Complaint Filed: February 3, 2000
Date Complaint was sent to Respondent in accordance with Rule 2(a): February 3, 2000
Response due date: February 28, 2000 (Respondent did not submit a response to the Complaint.)
The Complainant filed its complaint with the National Arbitration Forum on February 3, 2000. After reviewing the Complaint for administrative compliance, The Forum transferred the Complaint to the Respondent in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d) The Forum immediately notified the above Registrar, ICANN and the Complainant that the administrative proceeding had commenced.
registered the domain name with Register.com, the entity that is the Registrar
of the domain name. By registering its domain name with Register.com, the
Respondent agreed to resolve any dispute regarding its domain name through
ICANN's Uniform Domain Name Dispute Resolution Policy.
FINDINGS OF FACT
the Complainant is the owner of trademark registration number 1,064,210,
registered April 26, 1977, with a ten (10) year renewal term beginning
April 26,1997, including the term "Vybar."
2.The registered domain name "Vybar.com" is identical of confusingly similar to the trademark described in paragraph 1 and in which the Complainant has rights. The domain name is used by registrant on polymer products which are identical or confusingly similar to Complainant's polymer products.
3.Respondent does not have rights or legitimate interests in respect to the domain name that is the subject of the Complaint.
4.Respondent should be considered to have no legitimate right or interest in the domain name since it is clear that by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, internet users to its web site by creating a likelihood of confusion with the Complainant's registered trademark as to the source of a product or service on its web site.
5.Respondent registered the domain name in bad faith, with full knowledge of Complainant's trademark rights as evidenced by a direct referral to Complainant and Complainant's trademarked product on its home page screen.
6.Respondent's sole purpose in using the domain name is for the purpose of unfair competition with Complainant to Complainant's detriment.
7.Complainant's prayer for relief requests that the domain name "Vybar.com" be transferred from Respondent to Complainant.
The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding. Having been duly selected, and being impartial, the undersigned makes the following findings and conclusions:
domain name "Vybar.com", registered by Respondent on December 20, 1999,
with Register.com is nearly identical and confusingly similar to the trademark
referenced above and which Complainant has rights, including the mark "Vybar",
and to which Respondent has no right or legitimate interest.
2.Respondent registered and acquired the domain name "Vybar.com" for the sole purpose of creating confusion and an unfair competitive advantage with Complainant to Complainant's detriment. Respondent registered and used the domain name in bad faith.
Based upon the above findings and conclusions, and pursuant to Rule 4(i), it is decided as follows:
DIRECTS THAT THE DOMAIN NAME "Vybar.com" REGISTERED BY RESPONDENT PETROIL
C.A. BE TRANSFERRED TO COMPLAINANT BAKER HUGHES INC.
Dated: March 14, 2000, by Judge John J. Upchurch (Ret.),
Honorable John J. Upchurch
Domain Name Transferred