Caterpillar, Inc. v. Ivenue.com, Inc.
Claim Number: FA0106000097379
PARTIES
The Complainant is Caterpillar, Inc., Peoria, IL, USA (“Complainant”) represented by Mark S. Sommers, of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. The Respondent is Ivenue.com, Inc., Whittier, CA, USA (“Respondent”) represented by Curits L. Purinton.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is "caterpillartechs.com", registered with AWRegistry.
PANEL
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge and has no known conflict in serving as Panelist in this proceeding.
The Honorable Charles K. McCotter, Jr. as Panelist.
PROCEDURAL HISTORY
The Complainant submitted a Complaint to the National Arbitration Forum (“the Forum”) electronically on June 6, 2001; the Forum received a hard copy of the Complaint on June 7, 2001.
On June 13, 2001, AWRegistry confirmed by e-mail to the Forum that the domain name "caterpillartechs.com" is registered with AWRegistry and that the Respondent is the current registrant of the name. AWRegistry has verified that the Respondent is bound by the AWRegistry registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On June 14, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 5, 2001 by which the Respondent could file a Response to the Complaint, was transmitted to the Respondent via e-mail, post and fax, to all entities and persons listed on the Respondent’s registration as technical, administrative and billing contacts, and to postmaster@caterpillartechs.com by e-mail.
A timely response was received and determined to be complete on July 2, 2001.
On July 5, 2001, pursuant to the Complainant’s
request to have the dispute decided by a single-member Panel, the Forum appointed the Honorable
Charles K. McCotter, Jr. as Panelist.
RELIEF SOUGHT
The Complainant requests that the domain name be transferred from the Respondent to the Complainant.
PARTIES’ CONTENTIONS
A. The Complainant
The disputed domain name CATERPILLARTECHS.COM fully incorporates Caterpillar’s valuable and famous federally registered trademark CATERPILLAR within the second‑level domain name under the top-level .COM, and is confusingly similar to Caterpillar’s CATERPILLAR mark and trade name.
The
Respondent does not have rights or a legitimate interest in the domain name,
and the Respondent’s registration and use of the domain name is unauthorized by
the Complainant.
The
Respondent’s registration and use of the domain name meet the bad-faith
requirement under Paragraph 4(a) of the Policy.
B. The Respondent
The Respondent states that it is a web
development and hosting company, and that it registered the domain name for its
client, resourcetechs. The Respondent
therefore claims that it is not the party-of-interest in the proceeding.
FINDINGS
1. Caterpillar is a Fortune 100 company and the world’s largest manufacturer of construction and mining equipment, diesel and natural gas engines, and industrial gas turbines. Caterpillar is ranked first in its industry, with more than 26 billion dollars in assets.
2. Caterpillar manufactures, sells, and distributes a wide assortment of heavy-industry equipment, including track-type tractors, track loaders, wheel loaders, integrated tool carriers, excavators, mining shovels, off-highway trucks, scrapers, motor graders, backhoe loaders, paving products, agricultural equipment, forest machines, wheel tractors and compactors, telescopic handlers, compacts, engines, and gas turbines.