it has evidence of at least 6 instances of actual confusion created by Respondent are identical or nearly identical to those offered by Complainant,ĭirected to the same pool of customers, and are offered in the same channels of Mark, creates the same commercial impression as Complainant’s mark, and isĮssentially identical to Complainant’s mark the goods and services offered by The disputed domain name incorporates the entirety of Complainant’s Identical to, or confusingly similar to, Complainant’s mark THE BIRDSAFE STORE 9. Marketplace, and is a common law mark entitled to the full protection offeredīy the UDRP 8. the THE BIRDSAFE STORE mark has acquired a secondary meaning within the Various media to promote its services all under the common law mark 7. Over 29,000 (since only 2007) from a customer baseĮxtending throughout the United States and abroad, has spent over $10,000 in Substantial sales (over $2.37 million dollars since 2006 alone) on orders of Than ten (10) years continuously and without interruption, it achieved it has used THE BIRDSAFE STORE mark for more Publications of its principal, clinic management, and recognition by industry Has established a prominent and leading position in the marketplace as is amplyĭemonstrated by evidence of substantial sales and orders, website visitors,Īdvertising expenditures, links to affiliate rescue organizations, awards, it has actively used and successfully promoted the mark in commerce, and it has common law rights in and to the service mark 5. Related products, and reference materials and programs promoting awareness ofĪnd providing education related to bird health and safety issues through its Its on-line retail store outlet for bird supplies, accessories, toys and Without interruption, in commerce since 2000 to identify it is the source of it has used the common law service mark THE BIRDSAFE STORE continuously, it acquired the domain names on JanuandĪnd have been continuously so since they were acquired 3. Has operated continuously, without interruption, in commerce since that time 2. it was chartered by the Commonwealth of Virginia on Apand Requests that the domain name be transferred from Respondent to Complainant.Ĭontends that: 1. Single-member Panel, the National Arbitration Forum appointed M. Submissions were received from Complainant on Decemand fromĢ010, pursuant to Complainant’s request to have the dispute decided by a Was received and determined to be complete on December 15, 2010. Registration as technical, administrative and billing contacts. Via post and fax, to all entities and persons listed on Respondent’s Respondent could file a Response to the Complaint, via e-mail to all entitiesĪnd persons listed on Respondent’s registration as technical, administrative, andīilling contacts, and to Also on November 4,Ģ010, the Written Notice of the Complaint, notifying Respondent of the emailĪddresses served and the deadline for a Response, was transmitted to Respondent Notice of the Complaint, setting a deadline of Decemby which Registration agreement and has thereby agreed to resolve domain disputesīrought by third parties in accordance with ICANN’s Uniform Domain Name DisputeĢ010, the Forum served the Complaint and all Annexes, including a Written has verified that Respondent is bound by the, Inc. and that Respondent is the current registrant of the names. confirmed by e-mail to the National Arbitration Forum Octothe National Arbitration Forum received payment on OctoberĢ010,, Inc. Submitted a Complaint to the National Arbitration Forum electronically on His knowledge has no known conflict in serving as Panelist in this proceeding. Represented by Kathie Hahn, Esquire, New Jersey, USA.Īt issue is, registered with ,Ĭertifies that he has acted independently and impartially and to the best of Resp ondent is MY SAFE BIRD STORE (“Respondent”), Parker,Įsquire of Bowles Rice McDavid Graff & Love LLP, West Virginia,
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