General Machine Products Company, Inc
This is a domain name dispute pursuant to the ICANN Uniform Domain Name Dispute Resolution Policy (the "Policy"). A three person arbitration panel was requested; this panel consists of The Honorable Marilyn W. Carney, Chairman, Arlington, VA; G. Gervaise Davis, III, Esq., Davis and Schroeder, P.C., Monterey, CA; and David H. Bernstein, Debevoise & Plimpton, New York, NY. Each panelist has confirmed to the National Arbitration Forum that she or he has no known conflicts of interest. All three panelists actively drafted, revised and commented on this decision. For the reasons explained below, the panel has reached the unanimous conclusion that the domain name should not be transferred to the Complainant. THE DOMAIN NAME This dispute concerns the domain name craftwork.com. The registrar for this domain name is Network Solutions, Inc. THE PARTIES The Complainant is General Machine Products Company, Inc., 3111 Old Lincoln Highway, Trevose, PA 19053 ("General Machine" or Complainant). According to the Complaint, General Machine operates a varied business and has been using the CRAFTWORK trademark to identify a wide range of products used in the utility construction field since 1989. Respondent Prime Domains ("Prime Domains"), P.O. Box 9911, Washington, DC 20016, registered the craftwork.com domain name with Network Solutions on November 4, 1998. Prime Domains alleges that it is in the business of identifying domain names comprised of generic or descriptive terms, registering those domain names, selling them to interested parties, and developing Web sites using those domain names for clients. FACTUAL BACKGROUND Each party is represented by counsel, and has submitted its position to the Panel along with documentary evidence in support of its position. Based on those submissions and the Panel's independent searches of the U.S. Patent and Trademark Office ("USPTO") website (because both parties are U.S. residents) and Networ |
