Convenio colectivo - Indústries de la Fusta, Barcelona
| Inicio de Vigencia | 1 de Enero de 2004 |
| Fin de Vigencia | 31 de Diciembre de 2006 |
| Publicado en | Diari Oficial de la Generalitat de Catalunya de 09/06/2004 |
WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Oki Data Americas, Inc. v. ASD, Inc.
Case No. D2001-0903
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The Parties
The Complainant is Oki Data Americas, Inc., a corporation organized under the laws of the State of Delaware, USA, with a place of business at 2000 Bishops Gate Road, Mount Laurel, New Jersey 08054-4620, United States of America. Complainant is represented by Akin, Gump, Strauss, Hauer & Feld, L.L.P.
The Respondent is ASD, Inc., an entity with a place of business at 613 West Hwy. 11E, New Market, Tennessee 37820, United States of America. Respondent appears pro se.
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The Domain Name and Registrar
The domain name at issue is. (the "Domain Name"). The Domain Name is registered with Network Solutions, Inc. ("NSI").
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Procedural History
The Complainant initiated this proceeding by filing a Complaint by email with the World Intellectual Property Organization Arbitration and Mediation Center (the "Center") on July 16, 2001. On July 17, 2001, the Center received a hard copy of the Complaint. The Center reviewed the Complaint to verify that it satisfied 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. Following this review, the Center notified Complainant that its initial submission suffered a formal deficiency. Complainant submitted an Amended Complaint on August 2, 2001, by e-mail and on August 6, 2001, in hard copy, rectifying the Complaint’s procedural deficiency. The Center notified Respondent of the commencement of this proceeding on August 8, 2001.
On August 23, 2001, Respondent submitted its timely Response to the Complaint by e-mail; the hard copy Response was received on August 24, 2001.
On September 7, 2001, the Complainant submitted a Supplemental Submission to the Center by fax. This Proposed Supplemental Submission was received by e-mail on September 8, 2001, and in hard copy on September 11, 2001.
On September 27, 2001, after clearing for potential conflicts, the Center appointed David H. Bernstein as the sole panelist in this matter.
On October 2, 2001, after reviewing Respondent’s Response, the Panel noticed that several exhibits to which the Response referred were not attached. The Panel directed the Center to ask Respondent to resubmit these attachments. Respondent faxed the attachments to the Center on October 10, 2001.
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Factual Background
Complainant develops, manufactures and sells a full line of computer peripherals and accessories, including printers, facsimile machines and parts thereof. Complainant’s products are available for sale around the world.
The "OKIDATA" trademark is registered in the United States to Oki Electric Industry Co., Ltd. for computer programs, printers and parts thereof. U.S. Registration No. 1,336,348. Oki Electric has granted Complainant an exclusive license to use the mark in the United States.
Respondent sells parts for OKIDATA products (purchased from Complainant’s distributors) and offers repair services as an authorized Oki Data Repair Center. Respondent is listed on the Oki Data web site as an authorized Oki Data dealer, and has been given access to a password-protected part of Oki Data’s website, the "Business Partner Exchange," which provides graphics for use on web sites promoting OKIDATA products. Respondent registered the Domain Name with NSI on August 16, 2000.
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Parties’ Allegations
Complainant asserts that Respondent’s registration and use of the Domain Name violates Complainant’s rights in the registered trademark "OKIDATA". Complainant alleges that is confusingly similar to and incorporates an unauthorized use of the OKIDATA trademark, and that the only difference between the mark and the Domain Name is the addition of the word "parts".
Complainanao v. J.W. Roberts Co., Case No. 0109 (CPR July 25, 2001) (bait and switch is not legitimate).
- The site must accurately disclose the registrant’s relationship with the trademark owner; it may not, for example, falsely suggest that it is the trademark owner, or that the website is the official site, if, in fact, it is only one of many sales agents. E.g., Houghton Mifflin Co. v. Weatherman, Inc., Case No. D2001-0211 (WIPO April 25, 2001) (no bona fide offering where website’s use of Complainant’s logo, and lack of any disclaimer, suggested that website was the official Curious George website); R.T. Quaife Engineering v. Luton, Case No. D2000-1201 (WIPO Nov. 14, 2000) (no bona fide offering because domain name improperly suggested that the reflected site was the official U.S. website for Quaife, an English company; moreover, respondent’s deceptive communications with inquiring consumers supported a finding of no legitimate interest); Easy Heat, Inc. v. Shelter Prods., Case No. D2001-0344 (WIPO June 14, 2001) (no bona fide use when respondent suggested that it was the manufacturer of complainant’s products).
- The Respondent must not try to corner the market in all domain names, thus depriving the trademark owner of reflecting its own mark in a domain name. Magnum Piering, Inc. v. Mudjackers, Case No. D2000-1525 (WIPO Jan. 29, 2001) ("a single distributor is extremely unlikely to have a legitimate interest in precluding others from using numerous variants on a mark").
In this case, Respondent’s conduct meets all these factors. Respondent is an authorized seller and repair center, is using the okidataparts.com site to promote only OKIDATA goods and services, and prominently discloses that it is merely a repair center, not Oki Data itself. It has not registered numerous okidata-related domain names, and has not improperly communicated with Oki Data customers.
Complainant has not presented any other evidence that undermines the bona fides of Respondent’s use. Accordingly, the Panel finds that the Respondent, as an authorized sales and repair dealer for Complainant’s goods, has a legitimate interest (under the Policy) in using the Domain Name to reflect...
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