1st Aug 2011
NATIONAL ARBITRATION FORUM
OrganizedPlay Corporation v. Blue Sandbox / Domain Services
Claim Number: FA1106001395691
Complainant is OrganizedPlay Corporation (“Complainant”), represented by Ryan Scott Dancey, Georgia, USA. Respondent is Blue Sandbox / Domain Services (“Respondent”), represented by Ari Goldberger of ESQwire.com Law Firm, New Jersey, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <organizedplay.com>, registered with ENOM, INC.
The undersigned certify that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelists in this proceeding.
Diane Cabell, Bruce O’Connor and Alan L. Limbury as Panelists.
Complainant submitted a Complaint to the National Arbitration Forum electronically on June 27, 2011; the National Arbitration Forum received payment on June 27, 2011.
On June 27, 2011, ENOM, INC. confirmed by e-mail to the National Arbitration Forum that the <organizedplay.com> domain name is registered with ENOM, INC. and that Respondent is the current registrant of the name. ENOM, INC. has verified that Respondent is bound by the ENOM, INC. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On June 29, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 19, 2011 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to email@example.com. Also on June 29, 2011, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
A timely Response was received and determined to be complete on July 20, 2011.
On July 28, 2011, pursuant to Respondent’s request to have the dispute decided by a three-member Panel, the National Arbitration Forum appointed Diane Cabell, Bruce O’Connor and Alan L. Limbury as Panelists.
Complainant requests that the domain name be transferred from Respondent to Complainant.
Complainant claims trademark rights in the words “organized play” and says the domain name is confusingly similar to that mark, and that Respondent has no rights or legitimate interests in the domain name, which was registered and is being used in bad faith. Complainant was the previous registrant of the domain name, which it accidentally allowed to lapse, whereupon it was taken up by Respondent.
Respondent acquired the domain name at auction. It denies Complainant’s assertions.
Complainant has failed to show that it has trademark rights in “organized play”.
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.”
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.
Rights in a trademark
Complainant has no trademark registration for the words “organized play” and has produced no evidence that, through use, those descriptive words have come to denote Complainant in the public mind, so as to give rise to common law trademark rights.
Accordingly the Complaint must fail. It is unnecessary to consider the other elements.
Complainant having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.
Accordingly, it is Ordered that the <organizedplay.com> domain name REMAIN WITH Respondent.
Alan L. Limbury, Presiding Panelist
Diane Cabell, Panelist Bruce O’Connor, Panelist
Dated: August 1, 2011