Ballingers U.S.A., Inc. v. Gallo Corp.
[Indexed as: Ballingers v. Gallo]
[Indexed as: Websterhall.com]
The National Arbitration Forum
Administrative Panel Decision
Presiding Panelist: Robert S. Brandt
Domain name - Domain Name Dispute Resolution Policy - Trademark - Confusingly similar - Legitimate interests - Bad faith use
Complainant owns the trademark Webster Hall. Respondent registered domain name Websterhall.com. Complainant alleged that Respondent's domain name is confusingly similar to its mark, and that Respondent had no legitimate interests in the name and consequently used it in bad faith. The Respondent has not replied to complaint in this dispute.
Held, Name cancelled.
Complainant must establish that the Respondent has no legitimate interests, and bad faith use.
The registered domain name is confusingly similar to the registered mark of Complainant.
Respondent has no interest in the name Webster Hall. It operates a business with a completely different and dissimilar name. The Respondent registered the name for the purpose of disrupting Complainant's business. This shows bad faith use.
Policies referred to
Uniform Domain Name Dispute Resolution Policy
Brandt, Panelist: -
· Domain name: Websterhall.com.
· Domain name registrar: Gallo Corp.
· Date of domain registration: December 5, 1998.
The Complainant is a New York corporation that operates at night club in New York City named "Webster Hall." It is the owner of the trademark "Webster Hall," U. S. Trademark Registration Number 1,986,825, registered for a term of ten years from July 16, 1996.
The Respondent operates a night club in New York called "The Vault." It has no interest in the name "Webster Hall." The Complainant has made several written demands by certified mail on the Respondent to cease the use of the domain name "Websterhall.com," but the letters were returned "unclaimed." The Respondent has not replied to complaint in this dispute.
o The registered domain name "Websterhall.com" is confusingly similar to the Complainants registered trademark "Webster Hall."
o The Respondent has no legitimate interest in the domain name. It operates a business with a completely different and dissimilar name.
o The Respondent has registered the domain name for the purpose of disrupting the Complainant's business. The Respondent has accordingly acted in bad faith.
The Respondent's registration in the domain name "Websterhall.com" is cancelled.
Domain Name Cancelled