A one member UDRP panel has awarded the 12 year old domain name americanconnection.com to American Airlines (AA)
The domain holder who is a Canadian Citizen and resident registered the domain name on June 19, 2001.
Complainant is American Airlines, Inc. of Fort Worth, TX, USA. Complainant is the owner of the USPTO registered mark AMERICAN CONNECTION which it claims to have been using at least as early as September 24, 1997 and which was registered on October 27, 1998. AMERICAN CONNECTION is one of the many marks owned by Complainant that Complainant uses primarily in connection with providing flight transportation and cargo services for the general public.
Complainant contends that it is engaged in the business of air transportation and related goods and services and is one of the world’s largest airlines. Complainant argues that it is the owner of a trademark registration with the USPTO for the AMERICAN CONNECTION mark
The Panel notes that while Respondent appears to reside within Canada, Policy ¶ 4(a)(i) does not require Complainant to register its mark in the country in which Respondent resides, so long as it establishes its rights in the mark in some jurisdiction.
Complainant asserts that Respondent’s disputed domain name americanconnection.com is confusingly similar to Complainant’s AMERICAN CONNECTION mark because the domain name incorporates the entire mark merely eliminating the space between the terms of the mark and then adding the gTLD “.com.”
The Panel here finds that Respondent’s domain name is identical to Complainant’s AMERICAN CONNECTION mark pursuant to Policy ¶ 4(a)(i).
Rights or Legitimate Interests
Complainant claims that Respondent’s website at the domain name promotes travel services in direct competition to Complainant. Complainant alleges that when an Internet user types the disputed domain name into a web browser, the user is directed to a website with links that are purported to be able to redirect the user to websites selling travel services.
Complainant asserts that some of the websites include those of Complainant’s direct competitors such as “British Airways” and “Alaska Airlines.”
Complainant contends that when the user clicks on the link that is purported to be for “British Airways,” a webpage surfaces that displays another set of links with the title “Ads related to British Airways” at the top. Prior panels have held that a respondent’s use of a domain name to link to competing advertising is not a bona fide offering of goods or services or a legitimate noncommercial or fair use.…
