09-04-2006, 08:44 AM
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Senior Member
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Join Date: Sep 2006
Location: New York & Michigan
Posts: 300
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When reading or skimming these finding, don't forget to take a look at the highlighted part.
Quote:
FINDINGS
Complainant, Skydive Arizona, Inc., has operated an extensive skydiving operation in the state of Arizona since 1986. Complainant has continuously utilized the SKYDIVE ARIZONA mark since its inception in connection with providing skydiving instructional services, skydiving team training, hosting skydiving competitions and events and selling skydiving products and equipment. Complainant has advertised extensively under the SKYDIVE ARIZONA mark and has generated significant public goodwill in the SKYDIVE ARIZONA mark. Complainant has also registered its SKYDIVE ARIZONA mark with the United States Patent and Trademark Office (Reg. No. 3,099,847 filed June 17, 2005, issued June 6, 2006). Complainant has registered the <skydiveaz.com> domain name in order to operate a website providing skydiving information, goods and services to Internet users.
Respondent registered the <skydivingarizona.com> domain name on April 19, 2003. Respondent is operating a commercial website in direct competition with Complainant, and using the disputed domain name to redirect Internet users to that competing website. Respondent’s website claims to offer skydiving instructional services as well as skydiving products at a facility in Arizona. Respondent’s website urges potential customers to call a 1-800 number and purchase a certificate for skydiving lessons that is supposedly redeemable at any Arizona location of Respondent’s skydiving business. However, it appears that Respondent may not actually have any Arizona skydiving operations and other skydiving operations, such as Complainant, are not willing to honor certificates purchased through Respondent.
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