Baylor University, a private, Baptist-affiliated research university located in Waco, Texas, submitted a complaint electronically on January 31, 2008. The National Arbitration Forum, an ICANN-approved domain name dispute resolution program provider, found that the domain names BaylorBears.biz, BaylorBears.name, BaylorBears.net, BaylorBearsSuck.com, and BaylorBears.tv belonged to Texas Respondent JS.
Identical and/or Confusingly Similar: The National Arbitration Forum Panelist found that each of the domain names is identical to or confusingly similar to Complainant’s mark, adding only a different gTLD such as ".net" or ".biz".
Rights or Legitimate Interests: With regard to BaylorBearsSuck.com, the Arbitrator acknowledges that under certain circumstances such a domain name could be used to criticize the Baylor University athletic teams, yet there is no indication that in this case the domain name is being used. Furthermore, the Respondent could not prove his assertions that he acquired the domain names in order to create a social networking, MySpace-type website for Baylor University alumni and students. The Respondent has no rights or legitimate interests in the domain names.
Registration and Use in Bad Faith: The Respondent’s playful joke of redirecting visitors to each of the five sites to the website of Texas A&M shows that Respondent is contemptuous of these proceedings, and views them merely as an opportunity to harass Baylor University for his own amusement, an abuse of the process and warrants a finding of bad faith. The Arbitrator finds that all five domain names were registered and are being used in bad faith
The Arbitrator established all three elements required under the ICANN Policy. On March 14, 2008, the Complainant successfully defended its mark in domain name arbitration; the domain names were transferred to Baylor University.
See the decision: Baylor University v. JS
This domain name dispute in the news:
www.mysanantonio.com/sports/stories/MYSA.03242008.P2.OlliesFollies.EN.330c2e1.html www.chron.com/disp/story.mpl/headline/biz/5626604.html
www.baylor.edu/lariat/news.php?action=story&story=49884
http://media.www.thebatt.com/media/storage/paper657/news/2008/02/27/News/Revenge.com-3236483.shtml
http://thewizardofodds.blogspot.com/2008/03/baylor-gets-rights-to.html
(Photo courtesy of SportsLogos.net.)
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