Omni Financial Corporation v. Net Ascent of Northern California
Omni Financial Corporation v. Net Ascent of Northern California]
[Indexed as: Omniloan.com]
Forum File No.: FA0001000092049
18 January 2000
Judgment: 22 February 2000
Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of service mark and trademark. Respondent registered domain name, omniloan.com. Complainant alleged that Respondent's domain name was identical to Complainant's registered marks and that Respondent registered the domain name in bad faith.
Held, Name Transferred to Complainant
Complainant must establish both bad faith registration and bad faith use.
The domain name "omniloan.com" is nearly identical and confusingly similar to the registered marks of the Complainant. The Respondent has no right or legitimate interests with respect to the domain name. This is bad faith registration.
The Respondent's primary purpose of registering said domain name was to sell it to the Complainant, or a competitor for valuable consideration in excess of Respondent's out-of-pocket costs directly related to the domain name. This demonstrates bad faith use.
Policies referred to
Registration Agreements referred to
The above entitled matter came on for an administrative hearing on February 21, 2000 before the undersigned on the Complaint of Omni Financial Corporation, hereafter "Complainant," against Net Ascent of Northern California, hereafter "Respondent." Complainant was represented by Theodore Stevenson, III, 1717 Main Street, Suite 2800, Dallas, Texas 75201. There was a Response on behalf of Respondent by Copper S. Trainor and Molly Trainor-Guilfoyle, 1810 15th Avenue, Suite 3, Seattle, WA 98122. Upon the written submitted record, the following DECISION is made:
Domain Name: Omniloan.com
Domain Name Registrar: Network Solutions, Inc.
Domain Name Registrant: Net Ascent of Northern California
Date of Domain Name Registration: November 29, 1999
Date Complaint Filed: January 18, 2000
Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c): January 18, 2000
Due date for a Response: February 10, 2000. Respondent did submit a Response to the Complaint.
After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on January 18, 2000 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 Network Solutions, Inc. (Network Solutions), the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced.
On November 29, 1999, Respondent registered the domain name "omniloan.com" with Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.
1. That Complainant is the owner of the service mark Omni Loans and has used it nationally and continuously since 1970.
2. That Complainant has invested substantial sums of money in developing and marketing its lending service.
3. That Respondent registered the domain name "omniloan.com" and has no rights or legitimate interests in respect to said domain name.
4. That Respondent is not in the lending business but has registered in excess of 50 other unrelated domain names.
5. That Respondent has offered to sell the domain name "omniloan.com" to Complainant or any other bidder.
6. Complainant's prayer for relief requests that the domain name "omniloan.com" be transferred from Respondent to Complainant.
The undersigned certified 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 conclusions:
1. The domain name "omniloan.com," registered by Respondent on November 29, 1999 with Network Solutions, is nearly identical and confusingly similar to the mark in which Complainant has rights and to which Respondent has no right or legitimate interests.
2. Respondent registered and acquired the domain name "omniloan.com" primarily for the purpose of selling or otherwise transferring the same domain name registration to the Complainant, who is the owner of the trade mark or service mark, or to a competitor of the Complainant, for valuable consideration in excess of Respondent's out-of-pocket costs directly related to the domain name.
3. 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:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "omniloan.com," REGISTERED BY RESPONDENT NET ASCENT OF NORTHERN CALIFORNIA BE TRANSFERRED TO COMPLAINANT OMNI FINANCIAL CORPORATION.
Dated: February 22, 2000
Domain Name Transferred