Decisión del Panel Administrativo nº D2010-0933 of WIPO Arbitration and Mediation Center, August 25, 2010 (case River Pools & Spas Incorporated v. Viking Pools, LLC)
| Judge | W. Scott Blackmer |
| Resolution Date | August 25, 2010 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
1. The Parties
The Complainant is River Pools & Spas Incorporated of Warsaw, Virginia, United States of America, represented by Gavin Law Office, PLC, United States of America.
The Respondent is Viking Pools, LLC of Jane Lew, West Virginia, United States of America, represented by Fross Zelnick Lehrman & Zissu, P.C., United States of America.
2. The Domain Names and Registrar
The disputed domain names [riverpools.net], [riverpoolsva.com], [riverpoolsva.net], [riverpoolsvirginia.com], and [riverpoolsvirginia.net] (the “Domain Names”) are registered with Network Solutions, LLC.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 8, 2010. On June 9, 2010, the Center transmitted by email to Network Solutions, LLC a request for registrar verification in connection with the Domain Names. On June 9, 2010, Network Solutions, LLC transmitted by email to the Center its verification response, confirming that the Respondent is listed as the registrant and providing the contact details. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on June 11, 2010. The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 14, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was July 4, 2010. In response to a joint request by the parties to extend the due date for Response, the due date for Response was extended until July 19, 2010. On July 18, 2010, the Complainant requested a suspension of the proceedings until August 2, 2010 while the parties discussed settlement options. The proceedings were suspended on July 19, 2010. On July 28, 2010, the Complainant requested reinstitution of the proceedings; the proceedings were reinstituted on July 30, 2010, with the due date for Response of August 4, 2010. The Response was filed with the Center on August 4, 2010, including a request that the Center suspend or terminate this proceeding because of a pending lawsuit in federal court.
The Center appointed W. Scott Blackmer as the sole panelist in this matter on August 11, 2010. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
The Complainant, a Virginia business corporation, sells and installs fiberglass in-ground swimming pools and spas manufactured by others. The Complainant operates a website at “www.riverpoolsandspas.com”.
The Complainant asserts that it has used RIVER POOLS & SPAS as a service mark in connection with this business in Virginia since 2001 and in Maryland since 2007. In September 2009, the Complainant obtained state registrations for this mark in Virginia (No. 9410, September 11, 2009) and Maryland (No. 2009-0162, September 16, 2009).
Until May 2008, the Complainant sold swimming pools manufactured by the Respondent, a West Virginia limited liability company, as one of the Respondent’s authorized dealers. The parties both allude to some unidentified disagreement that ended this relationship. This evidently was not an amicable parting of the ways. One of the Complainant’s principals, Mr. Sheridan, subsequently published an e-book on how to buy a swimming pool. The book could be read as critical of at least some of the Respondent’s products. This prompted a disparaging e-review of that book written by the Respondent’s president, Mr. Stahl. In pending litigation, each party accuses the other of false advertising and efforts to mislead and even intimidate customers.
The Respondent registered the five Domain Names on March 25, 2009. The Domain Names do not currently resolve to active websites, but it is undisputed that the Domain Names formerly...
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