By: www.DefendMyDomain.com
In the recent domain name dispute decision of Contender Boats, Inc. v. The Schmidt Group FA1271168 (Nat. Arb. Forum , August 11, 2009), a single member Panel was faced with a dispute over the domain www.contender.com. Complainant is the well known manufacturer of boats and maintains a web site at www.contenderfishingboats.com. Complainant has a federal trademark registration for the mark CONTENDER. The allegations presented by Complainant are relevant to the ultimate outcome of the case. Respondent failed to provide a response to this dispute.
On November 13, 2006, Complainant entered into a contract with Respondent for advertising services and website development. Respondent registered the <contender.com> domain name under the name “The Schmidt Group,” and listed the Administrative Contact as “Ronald Schmidt” instead of its principal, Complainant, without the knowledge or authority of Complainant. Respondent has ceased business in the website development industry, and Respondent is no longer employed as an independent contractor for Complainant.
In light of the arguments presented by Complainant, the Panel found this dispute was beyond the scope of the Policy and was instead a dispute over the terms and conduct of a business arrangement. The Panel cited to other prior decisions which made the same ruling. Summit Industries, Inc. v. Jardine Performance Exhaust Inc., D2001-1001 (WIPO Oct. 15, 2001), Nintendo of America Inc. v. Jones, D2000-0998 (WIPO Nov. 17, 2000), Love v. Barnett, FA 944826 (Nat. Arb. Forum May 14, 2007). For this reason the Panel DISMISSED the claim.
