SmartRecovery.com Lost In UDRP
A one member UDRP panel just awarded the domain name smartrecovery.com to the Complainant; Alcohol & Drug Abuse Self-Help Network, Inc., d/b/a SMART
The domain owner did not submit a formal response.
The complainant owned a trademark on the term dated 1996.
The registration date of the domain name was not discussed by the panel.
Complainant is the owner of the SMART RECOVERY mark that it uses in providing its addiction related programs and services.
Complainant owns the SMART RECOVERY mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,946,898 registered Jan. 9, 1996) and with the World Intellectual Property Office (ďWIPOĒ) (Reg. No. 871,516 registered Sept. 19, 2005).* See Complainantís Annex H.
Respondent has been unable to provide proof/documentation of having trademark rights in the disputed domain name.
- The <smartrecovery.com> domain name is being used in a way that is confusingly similar to the SMART RECOVERY mark.
- The owners of the disputed domain name have no rights or legitimate interests with respect to the SMART RECOVERY program.
Respondent has provided Internet users with third-party links to Alcoholics Anonymous, and other for-profit commercial organizations that are not affiliated with Complainant.
Respondent is not making legitimate noncommercial use of the domain name but is clearly attempting to mislead/divert consumers and harm the trademark, as well as individuals seeking the SMART RECOVERY program and services.
Respondent has registered and is using the disputed domain name in bad faith and primarily for the purposes of intentionally attempting to attract, for commercial gain, Internet users to Respondentís website, by creating a likelihood of confusion with Complainantís mark.
In view of Respondent’s failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant’s undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.* ”
“Complainant claims that it is the owner for the SMART RECOVERY mark that it uses in providing its addiction-related programs and services. ”
“Complainant also notes that it owns the SMART RECOVERY mark with the USPTO (Reg. No. 1,946,898 registered Jan. 9, 1996) and with the WIPO (Reg. No. 871,516 registered Sept. 19, 2005).
Further, Complainant asserts that the <smartrecovery.com> domain name is being used in a way that is confusingly similar to the SMART RECOVERY mark.
Complainant argues that the owners of the disputed domain name have no rights or legitimate interests with respect to the SMART RECOVERY program.…