Michelob.org

The timeline behind michelob.org

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 Anheuser-Busch, Incorporated v. Robb W. Baker c/o 3V Technical, Inc. Claim Number: FA0605000703453 PARTIES Complainant is Anheuser-Busch, Incorporated One Busch Place, St. Louis, MO 63118 (“Complainant”). Respondent is Robb W. Baker c/o 3V Technical, Inc. (“Respondent”), 7550 Industrial Ct, Alpharetta, GA 30004. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <michelob.org>, registered with Go Daddy Software, Inc. 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. R. Glen Ayers, Jr. served as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on May 11, 2006; the National Arbitration Forum received a hard copy of the Complaint on May 15, 2006. On May 11, 2006, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <michelob.org> domain name is registered with Go Daddy Software, Inc. and that the Respondent is the current registrant of the name. Go Daddy Software, Inc. has verified that Respondent is bound by the Go Daddy Software, Inc. 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 May 19, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 8, 2006 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@michelob.org by e-mail. A timely but non-conforming Response was received and determined to be complete on June 8, 2006. On June 14, 2006, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed R. Glen Ayers, Jr. as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant Complainant, Anheuser-Busch, Incorporated, has asserted, and provided evidence that it owns the famous mark MICHELOB. Complainant asserts that Respondent has registered <michelob.org>, which it asserts is obviously identical or confusingly similar to its famous mark. Complainant also asserts and presents evidence that Respondent has no rights or legitimate interest in the name Michelob. Finally, Respondent asserts and provides evidence that Respondent registered the offending domain name in bad faith and that Respondent has asked for $2,000 to transfer the domain name, which, Complainant asserts, is much higher than Respondent’s costs associated with registering and maintaining that name. B. Respondent Respondent did not file a conforming response, but did submit to NAF an email which states: “The complaintant [sic] has demonstrated persistence and desire for the domain name and therefore they can have it. I do not agree with the complaint. I have never used this site. I had intentions of a site that was a “nickname” of mine from my collegiate days. This site never forwarded users to another site and was idle from its inception. I feel that the forum should be the group that analyzes the complaints and not necessarily relying on the site owner to gather all the information for defense. I feel that the complaintant [sic] owes me money for the fees of registraring [sic] and maintenance of which I asked for and was denied the small sum by Angie Cannon.” Although this response does not qualifying as a conforming Response, the Response has been considered by the Panelist. FINDINGS The trademark MICHELOB is a properly registered mark and a famous mark. The domain name <michelob.org> is identical to or confusingly similar. Complainant has offered evidence that Respondent does not have any interest in the domain name; Respondent’s response indicates that it might be a college nickname, but he offers no evidence. Complainant’s evidence of bad faith includes evidence of the famous nature of its mark. DISCUSSION Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (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.” Paragraph 4(a) of the Policy requires that the 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 the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (2) the 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 The domain name and mark are identical or confusingly similar. Rights or Legitimate Interests Respondent has no interest in or rights to the domain name. Registration and Use in Bad Faith As to bad faith, the evidence of bad faith, even considering Respondent’s Response, is clear. MICHELOB is a famous mark and seems to be in front of this Panelist’s face every time he turns on a sporting event on television. As previously held by other panels, such as at Samsonite Corp. v. Colony Holding, FA 94313 (Nat. Arb. Forum April 17, 2000), evidence of bad faith can be derived from constructive knowledge or notice of a very well known, common mark. See also Travel Zoo Inc. v. Viper a/k/a Slavik Viner, FA 117866 (Nat. Arb. Forum Sept. 18, 2002), which holds that an inference of bad faith is appropriate when a domain name mimics a well-known mark. DECISION Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <michelob.org> domain name be TRANSFERRED from Respondent to Complainant. R. GLEN AYERS, Jr., Panelist Dated: June 28, 2006 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

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