Aacomponents.net

The timeline behind aacomponents.net

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION All American Semiconductor, Inc. v. Veronica Vasquez Claim Number: FA0503000434117 PARTIES Complainant is All American Semiconductor, Inc. (“Complainant”), represented by Dominique R. Shelton, of Folger, Levin and Kahn, LLP, 1900 Avenue of the Stars, Floor 28, Los Angeles, CA 90067. Respondent is Veronica Vasquez (“Respondent”), 333 City Boulevard West, Suite # 170054, Orange, CA 92868. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <aacomponents.net>, registered with Melbourne It, Ltd. d/b/a Internet Names Worldwide. 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. Tyrus R. Atkinson, Jr., as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 2, 2005; the National Arbitration Forum received a hard copy of the Complaint on March 4, 2005. On March 1, 2005, Melbourne It, Ltd. d/b/a Internet Names Worldwide confirmed by e-mail to the National Arbitration Forum that the domain name <aacomponents.net> is registered with Melbourne It, Ltd. d/b/a Internet Names Worldwide and that Respondent is the current registrant of the name. Melbourne It, Ltd. d/b/a Internet Names Worldwide has verified that Respondent is bound by the Melbourne It, Ltd. d/b/a Internet Names Worldwide 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 March 7, 2005, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of March 28, 2005 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@aacomponents.net by e-mail. Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default. On April 1, 2005, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Tyrus R. Atkinson, Jr., as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant makes the following assertions: 1. Respondent’s <aacomponents.net> domain name is confusingly similar to Complainant’s ALL AMERICAN mark. 2. Respondent does not have any rights or legitimate interests in the <aacomponents.net> domain name. 3. Respondent registered and used the <aacomponents.net> domain name in bad faith. B. Respondent failed to submit a Response in this proceeding. FINDINGS Complainant, All American Semiconductor, Inc., has used the ALL AMERICAN mark in association with the distribution of electronic components continuously in commerce since 1964. Complainant has registered the ALL AMERICAN mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,440,294 issued May 19, 1987). Respondent registered the <aacomponents.net> domain name on March 29, 2003. DISCUSSION Paragraph 15(a) of 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." In view of Respondent's failure to submit a Response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. Paragraph 4(a) of the Policy requires that 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 Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) 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. Identical and/or Confusingly Similar Complainant has established rights in the ALL AMERICAN mark through registration of the mark with the USPTO and through continuous use of the mark since 1964. See Men’s Wearhouse, Inc. v. Wick, FA 117861 (Nat. Arb. Forum Sept. 16, 2002) (“Under U.S. trademark law, registered marks hold a presumption that they are inherently distinctive and have acquired secondary meaning.”); see also Am. Online, Inc. v. Thomas P. Culver Enters., D2001-0564 (WIPO June 18, 2001) (finding that successful trademark registration with the United States Patent and Trademark Office creates a presumption of rights in a mark). The Panel finds that Respondent’s <aacomponents.net> domain name is not confusingly similar to Complainant’s ALL AMERICAN mark. Although the term “components” is a term that generally describes Complainant’s business, the fact that Complainant has rights in the ALL AMERICAN mark does not impute these rights to the subsequent “aa” abbreviation. A comparison of the mark and the domain name leads the Panel to conclude that they are not confusingly similar pursuant to Policy ¶ 4(a)(i). See ISL Mktg. AG v. Ji Young Chung, D2000-0034 (WIPO Apr. 3, 2000) (finding that, although one may argue that “wc” is an abbreviation for WORLD CUP, it is not likely the meaning most people would give to those letters); see also Copart, Inc. v. SalvageNow, D2000-0417 (WIPO June 28, 2000) (finding that the domain name at issue <copart.net> is not identical to nor substantially similar to the mark registered and used by the complainant, CI COPART INC. SALVAGE AUTO AUCTIONS). Since Complainant has failed to establish confusing similarity pursuant to paragraph 4(a)(i) of the Policy, it is unnecessary to address paragraphs 4(a)(ii) and (iii) of the Policy. See Creative Curb v. Edgetec Int’l Pty. Ltd., FA 116765 (Nat. Arb. Forum Sept. 20, 2002) (finding that because Complainant must prove all three elements under the Policy, Complainant's failure to prove one of the elements makes further inquiry into the remaining element unnecessary); see also Ricom, Inc. v. Ricom, FA 348012 (Nat. Arb. Forum Dec. 16, 2004) (finding that failure to establish one element of the Policy deems it unnecessary for the Panel to address any other element). DECISION Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. Tyrus R. Atkinson, Jr., Panelist Dated: April 15, 2005 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page NATIONAL ARBITRATION FORUM

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.