WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
CBS Radio Inc. v. Oldies Radio
Case No. D2000-1033
1. The Parties
The Complainant in this administrative proceeding is CBS Radio Inc., a Delaware corporation with its principal place of business in New York, New York, U.S.A. The Respondent is Oldies Radio, whose address is 1111 St. Gregory, Cincinnati, Ohio, 45202 U.S.A.
2. The Domain Name and Registrar
The domain name in dispute is as follows: . The domain name was registered by Respondent with Network Solutions, Inc. (NSI) on June 9, 1998.
3. Procedural Background
On August 11, 2000, the WIPO Arbitration and Mediation Center received from Complainant via e-mail a Complaint for decision in accordance with the Uniform Policy for Domain Name Dispute Resolution, adopted by the Internet Corporation of Assigned Names and Numbers (ICANN) on August 26, 1999 ("Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on October 24, 1999 ("Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (Supplemental Rules).
The Complaint was filed in compliance with the requirements of the Rules and the Supplemental Rules, payment was properly made, the administrative panel was properly constituted, and the panelist submitted the required Statement of Acceptance and Declaration of Impartiality and Independence.
The instant Administrative Proceeding was commenced on August 22, 2000.
Respondent failed to file a Response, and a "Notification of Respondent Default," dated September 12, 2000, was forwarded by WIPO to Respondent.
The decision of the Panel was due to WIPO on or before October 8, 2000.
4. Factual Background
As alleged in the Complaint, since at least May 1, 1990, Complainant has used the mark WGRR in connection with a Cincinnati, Ohio radio station. Complainant owns a U.S. Trademark Registration (No. 2,324,533) for the mark WGRR for radio broadcasting services. See Complaint, Annex C. Complainant also owns a registration for the domain name .
Respondent operates 102.7WEBN Radio in Cincinnati. See Complaint, Annex A. This radio station is owned by Clear Channel, a direct competitor of WGRR. 102.7WEBN Radio also registered the domain name Q102.COM. See Complaint, Annex E. Q102 is a registered trademark of Complainant and is used in connection with Complainant�s WKRQ-FM (101.9) radio station in Cincinnati.
After learning of Respondent�s registration of the domain name in dispute, Complainant�s counsel sent a letter to Respondent advising it that its registration of the name violated Complainant�s rights in the WGRR mark and requesting that the domain name be transferred to Complainant.
5. Parties� Contentions
Complainant contends that the domain name in issue is identical to the mark in which the Complainant has rights, that Respondent has no rights or legitimate interests in the domain name, and that Respondent registered and used the domain name in bad faith. In support of its argument relating to "bad faith," Complainant contends that Registrant registered the disputed domain name in order to prevent Complainant from reflecting the WGRR mark in its domain name, and has engaged in a pattern of such conduct, and that Respondent has failed to develop a Website at the domain name.
6. Discussion and Findings
The Panel has carefully weighed the evidence presented and determines that Complainant has established all of the elements required under paragraph 4.a. of the Policy.
Respondent�s domain name is legally identical to Complainant�s mark WGRR, to which Complainant clearly has rights through ownership of a valid and subsisting U.S. trademark registration, as well as through use of the mark in the U.S.
It is also clear that none of the circumstances set forth in paragraph 4.c of the Policy is applicable. Respondent does not conduct any legitimate commercial or noncommercial business activity under the domain name in dispute and is not commonly known by the domain name.
The Panel also finds the evidence, taken as a whole, supports a determination of "bad faith" registration and use. It has been held that the passive holding of a domain name can give rise to a finding of "bad faith" registration and use. See Telstra Corporation Ltd. v. Nuclear Marshmallows, Case No D2000-0003 (February 18, 2000). Further, the Panel agrees with Complainant that Respondent registered the domain name in issue in order to prevent Complainant from using the name and that Respondent has engaged in a "pattern" of such conduct, within the meaning of paragraph 4.b.(ii) of the Policy.
7. Decision
In view of the above, the Panel GRANTS Complainant�s request for transfer to it of the domain name .
Jeffrey M. Samuels
Panelist
Dated: October 5, 2000
Full & Egal Universal Law Academy