Alaska Airlines, Inc. v. Alf Temme

WIPO Arbitration

and Mediation Center

ADMINISTRATIVE PANEL DECISION

Alaska Airlines, Inc. v. Alf Temme

Case No. D2000-0080

1. The Parties

Complainant Alaska Airlines, Inc. ("Alaska Airlines") is an Alaska

corporation, with its principal place of business located at 19300 Pacific Highway

South, P.O. Box 68900, Seattle, Washington, 98188 USA.

Respondent is Alf Temme ("Temme"), with his principal residence located

at 1500 Calvert Street, Van Nuys, California 91411 USA.

2. The Domain Name(s) and Registrar(s)

The domain name at issue is <alaskaairlines.org>. The registrar is Network

Solutions, Inc. (the "Registrar") 505 Huntmar Park Drive, Herndon,

Virginia 20170-5139 USA.

3. Procedural History

The WIPO Arbitration and Mediation Center (the "Center") received

the Complaint of Complainant on February 18, 2000 by email and on February 22,

2000 in hardcopy. The Complainant paid the required fee.

On February 22, 2000, the Center sent an Acknowledgement of Receipt of the

Complaint to the Complainant. On the same date, the Center sent to the Registrar

a request for verification of registration data. The Registrar confirmed, inter

alia, that it is the registrar of the domain name in dispute and that <alaskaairlines.org>

is registered in the Respondent's name.

On February 22, 2000, the Center verified that the Complaint satisfies the

formal requirements of the ICANN Uniform Domain Name Dispute Resolution Policy

(the "Policy"), the Rules for Uniform Domain Name Dispute Resolution

Policy (the "Rules"), and the Supplemental Rules for Uniform Domain

Name Dispute Resolution Policy (the "Supplemental Rules"). On February

22, 2000, the Center also sent to the Respondent, with a copy to the Complainant,

a notification of the administrative proceeding together with copies of the

Complaint. This notification was sent by the methods required under paragraph

2(a) of the Rules. The formal date of the commencement of this administrative

proceeding is February 22, 2000.

On March 16, 2000, the Center sent Notification of Respondent’s Default. On

March 17, 2000, the Center sent an Amended Notification of Respondent’s Default.

No Response has been received.

After receiving a completed and signed Statement of Acceptance and Declaration

of Impartiality and Independence, the Center notified the parties of the appointment

of a single-arbitrator panel consisting of Richard W. Page, Esq. (the "Presiding

Panelist").

4. Factual Background

Founded in 1932, Alaska Airlines is currently the tenth largest commercial

air carrier in the United States. Alaska Airlines provides air transportation

services for passengers and baggage and provides air freight and cargo services

to the West Coast of the United States as well as to Canada, Mexico and other

jurisdictions, and has connecting flight arrangements throughout the United

States.

Alaska Airlines has established a reputation as a provider of superior, high

frequency air transportation service at competitive prices. Alaska Airlines

has received numerous awards relating to its service, including being the highest-ranked

major airline over the last five years in a well-known travel magazine. Alaska

Airlines seeks to differentiate itself from its competitors by offering superior

levels of value and service. Its efforts have resulted in high customer satisfaction

rankings in customer surveys and consumer magazines.

Since at least 1942, Alaska Airlines has continuously used in commerce the

mark ALASKA AIRLINES in connection with air transportation services. Alaska

Airlines owns the following U.S. Registrations and Application:

(a) ALASKA AIRLINES

Serial No.: 75/088,829

Filing Date: April 16, 1996

First Use: Intent to Use

Services: Providing an interactive website containing information, services

and reservation capability primarily relating to travel, namely, airline flight

schedules, airline flight reservations, airline flight bookings, airline flight

seating assignments, airline flight meals, and travel and tour packages (Class

39); providing an interactive website containing information, services and reservation

capability primarily relating to lodging and dining, namely, hotel reservations,

hotel bookings, hotel room assignments and restaurant reservations; providing

interactive computer bulletin boards for the transfer and dissemination of a

wide range of information (Class 42).

(b) ALASKA AIRLINES

Reg. No.: 1,561,416 (Incontestable Registration)

Reg. Date: October 17, 1989

First Use: June 1942

Services: Air Transportation Services (Class 39)

(c) ALASKA AIRLINES and Design

Reg. No.: 1,612,370 (Incontestable Registration)

Reg. Date: September 4, 1990

First Use: June 1987

Services: Air Transportation Services (Class 39)

(d) ALASKA AIRLINES (Stylized)

Reg. No.: 1,674,552, (Incontestable Registration)

Reg. Date: February 4, 1992

First Use: May 15, 1990

Services: Air Transportation Services (Class 39)

(e) ALASKA AIRLINES (Stylized)

Reg. No.: 862,903 (Incontestable Registration)

Reg. Date: December 31, 1968

First Use: June 1942

Services: Air transportation of passengers and freight (Class 39)

These marks are collectively referred to as the "Alaska Airlines Marks."

Respondent registered the <alaskaairlines.org> domain name with the Registrar

on April 6, 1999. The status of the domain name is "hold."

Respondent is not a licensee of Complainant, nor is he otherwise authorized

to use the Alaska Airlines Marks. Respondent is not the owner of any federally

registered or common law trademarks containing either the terms "Alaska"

or "Airlines" or any permutations thereof.

On May 3, 1999, Alaska Airlines sent Respondent a certified letter notifying

Respondent of Alaska Airlines’ rights in the Alaska Airlines Marks and alerting

Respondent that Alaska Airlines considered Respondent’s registration of <alaskaairlines.org>

to be trademark infringement (the "Notice Letter"). In the Notice

Letter, Alaska Airlines demanded that Respondent cease and desist use of the

<alaskaairlines.org> domain name and immediately assign or transfer the

domain name to Alaska Airlines.

On May 20, 1999, Alaska Airlines, received a letter from Respondent Temme (the

"Temme Letter") answering the Notice Letter. In the Temme Letter,

Respondent admitted that he had registered the following domain names: <alaskaairlines.org>,

<alaska-airlines.org>, <alaskaairline.net>, <alaskaairline.org>,

<alaska-airline.com>, <horizonair.net>, <horizon-airlines.com>,

<horizon-airline.com>, <flytoalaska.com>, <flytoalaska.net>,

<fly-to-alaska.com>, <fly-to-alaska.net>, <flyalaskaair.com>,

<fly-alaska-air.com>, <flyalaskahorizon.com> and <fly-alaska-horizon.com>.

Horizon Air Industries is an affiliate of Complainant. Respondent offered to

sell the above package of 16 domain names (although he misrepresented it as

17 domain names) for US$32,000. He stated that "the package price is NOT

NEGOTIABLE" (emphasis in letter).

Respondent indicated that he purchased at least one of the above domain names,

<alaska-airlines.org>, after being notified by Alaska Airlines that it

considered his actions to constitute trademark infringement. Respondent offered

to sell the <alaskaairlines.org> domain name for $5,800, an amount at

least 80 times the cost of its registration.

Respondent stated that his "domain name consolidation service consists

of proposing to companies a package consisting of a list of domain names created

by [Respondent]…." Temme went on to state that "the agreement by the

companies to purchase the complete package facilitates the ownership of all

the names on the list and it also guarantees the prevention of any possible

litigation costs to acquire them." (emphasis in original). Further,

Respondent stated that he "believe[s] that the best investment for Alaska

Airlines is to agree to purchase [Respondent’s] package as proposed…. The alternative

is choosing litigation to acquire one single domain name and forcing [Respondent]

to test some of [his] philosophies in court at a cost of maybe the equal of

that for all 39 domain names together with an uncertain outcome."

Respondent admitted that he had registered domain names in which other companies

had rights as well. He stated that he "look[s] at various companies and

their domain presence," he then creates "all the possible domain names

and all of the several permutations [he] can dream up and make [sic] a list

of them." Next, he "register[s] about half of the list of proposed

domain names before proposing [the] package of registered domain names."

On May 27, 1999, Alaska Airlines filed a complaint with the Registrar against

Respondent pursuant to the NSI Domain Name Dispute Policy (the "NSI Complaint").

On June 17, 1999, the Registrar notified Respondent of Alaska Airlines’ complaint

(the "NSI Notice"). In the NSI Notice, Respondent was advised that

"because the effective date of the trademark or service mark precedes [Respondent’s]

domain name, Network Solutions has invoked Section 9 of the Domain Name Dispute

Policy (Rev. 03)." Respondent was required to respond to the NSI Notice

within 37 days.

On July 30, 1999, the Registrar notified Alaska Airlines that Respondent had

not responded timely to the NSI Notice. Because Respondent had not responded

to the NSI Notice, the Registrar placed the domain name on "hold"

status.

On January 19, 2000, the Registrar notified Alaska Airlines that the dispute

with Respondent would be terminated and the domain name reactivated on February

15, 2000 unless the Registrar received evidence of a complaint filed after January

1, 2000 with the Center or in a court of competent jurisdiction.

5. Parties’ Contentions

A. Complainant contends that the domain name <alaskaairlines.org>

is identical with and confusingly similar to the Alaska Airline Marks pursuant

to the Policy paragraph 4(a)(i).

B. Complainant contends that Respondent has no rights or legitimate interest

in the domain name <alaskaairlines.org> pursuant to the Policy paragraph

4(a)(ii).

C. Complainant contends that Respondent registered and is using the domain

name <alaskaairlines.org> in bad faith in violation of the Policy paragraph

4(a)(iii).

D. Respondent presented no evidence challenging that the domain name <alaskaairlines.org>

is identical with or confusingly similar to the Alaska Airline Marks.

E. Respondent presented no evidence of its rights or legitimate interest

in <alaskaairlines.org> domain name.

F. Respondent presented no evidence that its registration and use of the

<alaskaairlines.org> domain name is in good faith.

6. Discussion and Findings

Even though Respondent has filed no Response and has offered no evidence attacking

the contentions of Claimant, the Presiding Panelist hereby reviews the evidence

before him to determine whether the Claimant has supported each of the required

elements in its contentions within the existing record.

Identity or Confusing Similarity.

Each of the Alaska Airlines Marks contains the phrase "Alaska Airlines"

which is identical to the phrase "alaskaairlines" used in the disputed

domain name. Therefore, the Presiding Panelist finds that the domain name <alaskaairlines.org>

is identical with and confusingly similar to the Alaska Airlines Marks.

Rights or Legitimate Interest.

Respondent admits in the Temme Letter that "I am not using the domain

name WWW.ALASKAAIRLINES.ORG at all." In addition, the Temme Letter recites

that "I have no website that this domain name points to."

Other than registration of the domain name, Respondent has incurred no expenses

and made no use of the <alaskaairlines.org> domain name.

Therefore, the Presiding Panelist finds that Respondent has no rights or legitimate

interest in the domain name <alaskaairlines.org>.

Bad Faith.

Respondent registered a series of domain names constituting variations of "alaska,"

"airlines" and/or "horizon." Respondent then sought substantial

remuneration for sale of <alaskaairlines.org> and the other related domain

names in the "package" he offered to sell. Respondent admitted in

the Temme Letter attached by Complainant that in order to force Alaska Airlines

to use his "domain consolidation service," he "started registering

a few of the names on the list of domain names [Respondent] had created for

Alaska Airlines. ALASKAAIRLINES.ORG was one of the many domains on that list."

These statements constitute an admission by Respondent that he has registered

and used <alaskaairlines.org> for the sole purpose of selling it to Complainant

for profit. These actions constitute bad faith in the registration and the use

of the domain name <alaskaairlines.org>.

7. Decision

The Presiding Panelist concludes (a) that the domain name <alaskaairlines

.org> is identical with and confusingly similar to the series of United

States marks registered by Complainant and defined above as the Alaska Airlines

Marks, (b) that Respondent has no rights or legitimate interest in the domain

name and (c) that Respondent registered and used the domain name in bad faith.

Therefore, pursuant to paragraphs 4(i) of the Policy and 15 of the Rules, the

Panel orders that the domain name <alaskaairlines.org> be transferred

to Complainant Alaska Airlines, Inc.

Richard W. Page

Presiding Panelist

Dated: April 2, 2000

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