NAF arbitrator rules in favor of heavyweight boxing champion, George Foreman, regarding the Internet domain name georgeforemanenterprises.com.
The National Arbitration Forum recently
announced that a ruling has been issued in favor of heavyweight boxing
champion and Olympic gold medalist, George Foreman, regarding the
rights to the domain name - georgeforemanenterprises.com.
George
Foreman Ventures LLC, represented by Jeanine L. Gibbs of Wargo &
French LLP, filed a complaint electronically with the National
Arbitration Forum on November 17, 2005, asserting legal rights to the
domain name georgeforemanenterprises.com. The panel found that the web
address was registered by the respondent, 'zinnia c/o Zinnia Gonzalez',
on August 18, 2005, and resolved to an 'under construction' web page.
Ruling in favor of George Foreman Ventures LLC, National Arbitration
Forum arbitrator Hon. James A. Carmody Esq. concluded that
georgeforemanenterprises.com was 'confusingly similar' to the GEORGE
FOREMAN trademark, to which George Foreman established common law
rights based on his celebrity status and boxing career. Judge Carmody
also ruled that the respondent did not have legitimate rights to, or
interest in, the disputed web address.
The respondent, who did not submit a response in the case, failed to
demonstrate plans to use the domain name, leading to Carmody's finding
of bad faith registration and use. The respondent's previous attempt to
sell the domain name registration to George Foreman Ventures LLC
further reinforced the bad faith finding.