Health Management Resources Corporation just won the rights to the domain name HealthySolutions.com in a one member panel National Arbitration Forum Decision, despite the fact that the domain was registered and owned by the domain holder Todd Kingsley since March 6, 2000 and the case seemed to turn on the fact the domain name was parked and some of the links were found to be in the classes covered by the trademark.
Here are the facts and findings by the one member panel:
Complainant owns rights in the HEALTHY SOLUTIONS trademark, registered with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,149,677 registered April 7, 1998), and uses it to provide guidance on healthy diet and lifestyle choices.
There are other USPTO trademark registrations for HEALTHY SOLUTIONS (by other trademark holders)
The disputed domain name resolves to a parked page that provides commercial links, some of which appear to be in the health industry.
Complainant contends that Respondent has no rights or legitimate interests in the healthysolutions.com domain name because it is not commonly known by the disputed domain name, and there is no evidence that Respondent acquired trademark or service mark rights in the disputed domain name.
The WHOIS information for the disputed domain name lists “Todd Kingsley” as registrant, which bears no resemblance to the disputed domain name. Previous panels have found that a respondent is not commonly known by a disputed domain name if the WHOIS information, along with other information on the record does not suggest a relationship between the two.
Complainant argues that Respondent has no rights or legitimate interests in the disputed domain name because it is not making a bona fide offering of goods or services or a noncommercial or fair use of the domain name under Policy. Complainant contends that Respondent uses the disputed domain name to draw consumers to its website to sell the disputed domain name for a profit. However, Complainant offered no evidence of Respondent’s offer to sell the disputed domain name.
Complainant also claims that Respondent’s disputed domain name resolves to a parked website featuring links to advertisements such as “Lose Weight Fast,” “Diet Solution,” “Diet Programs,” “Lose Weight Program,” “Lose the Weight, Gain the Health,” “Healthy Solutions Clinic Weight-Loss Program: A Healthy Way to Lose Weight Quickly,” and “Begin Losing Weight Now!”
The Panel notes the supporting evidence submitted by Complainant and finds that the links offer goods or services that compete with Complainant.…
