INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
UNIFORM DISPUTE RESOLUTION POLICYTalk Radio Network, Inc. )
P.O. Box 3755 )
Central Point, Oregon 97502, )
)
Complainant, )
)
v. ) Domain Name In Dispute:
)
[Sender] ) savagestupidity.com
[Private] )
[Private], )
)
Respondent. )
)
COMPLAINT IN ACCORDANCE WITH
THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY
[1.] This Complaint is hereby submitted for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999 (ICANN Policy), and the Rules for Uniform Domain Name Dispute Resolution Policy (ICANN Rules), adopted by ICANN on August 26, 1999 and approved by ICANN on October 24, 1999, and the National Arbitration Forum (NAF) Supplemental Rules (Supp. Rules).
[2.] COMPLAINANT INFORMATION
[a.] Name: Talk Radio Network, Inc.
[b.] Address: P.O. Box 3755
Central Point, Oregon 97502
[c.] Telephone: [Private]
[d.] Fax: [Private]
[e.] E-Mail: [Private]
COMPLAINANT?S AUTHORIZED REPRESENTATIVE INFORMATION
[a.] Name: [Private]
[b.] Address: Kane, Laduzinsky & Mendoza, Ltd.
225 West Washington Street, Suite 1100
Chicago, Illinois 60606
[c.] Telephone: [Private]
[d.] Fax: [Private]
[e.] E-Mail: [Private]
The Complainant?s preferred method for communications directed to the Complainant in the administrative proceeding:
Electronic-Only Material:
[a.] Method: E-Mail
[b.] Address: [Private]
[c.] Contact: [Private]
Material Including Hard Copy:
[a.] Method: Facsimile
[b.] Address/Fax: [Private]
[c.] Contact: [Private]
The Complainant chooses to have this dispute heard before single-member administrative panel.
[3.] RESPONDENT INFORMATION
[a.] Name: [Sender]
[b.] Address: [Private]
[Private]
[c.] Telephone: [Private]
[d.] Fax: [Private]
[e.] E-Mail: [Private]
[4.] DISPUTED DOMAIN NAME(S)
[a.] The following domain name is the subject of this Complaint:
savagestupidity.com
[b.] Registrar Information:
[i.] Registrar?s Name: [Private]
[ii.] Registrar Address: [Private]
[Private]
[iii.] Telephone Number: N/A
[iv.] E-Mail Address: [Private]
[c.] Trademark/Service Mark Information:
[i.] TRADEMARK: MICHAEL SAVAGE
The MICHAEL SAVAGE trademark, which was registered with the USPTO on March 20, 2002, is used for the following goods and services:
Entertainment services, namely, a syndicated radio talk show consisting of social and political commentary; entertainment services in the nature of cable and satellite television programming, production and distribution of motion picture films and television programs, pre-recorded video cassettes, pre-recorded audio tapes, pre-recorded compact discs and phonographic records.
Books, newsletters, positions papers, and pamphlets dealing with namely political, social and governmental news items, opinions, humor, national and personal security, education and lifestyles; issues related to life, family and conservative matters.
Complainant is the owner of the above mark by contract and directly owns the following web addresses:
themichaelsavgeshow.com
thesavageshow.com
michaelsavage.info
michaelsavage.biz
[5.] FACTUAL AND LEGAL GROUNDS
This Complaint is based on the following factual and legal grounds:
[a.] Respondent?s savagestupidity.com domain name is confusingly similar to Complainant?s registered MICHAEL SAVAGE trademark.
The only difference between Complainant?s MICHAEL SAVAGE mark and the disputed domain name is the replacement of the word ?Michael? with ?stupidity?. The Respondent?s domain name is also confusingly similar to the Complainant?s themichaelsavageshow.com, thesavageshow.com, michaelsavage.info, and michaelsavage.biz domain names.
The Internet is a forum which reaches a worldwide audience, many of whom do not speak the English language; for those users, the word ?stupidity? would not sufficiently eliminate any confusion between Complainant mark and the disputed domain name. The fact that any attempt by Internet Users to find Complainant via a search engine will also turn up the disputed domain name adds an layer of confusion to the similarity between Complainant?s mark and Respondent?s mark.
A user searching for MICHAEL SAVAGE on the <msn.com> Internet search engine will find that the web address for <savagestupdity.com> is one of the search results. Even those users who would understand there is no association might choose to visit the site, if only to satisfy their curiosity. This effect damages the Complainant to the extent the Respondent is intentionally disrupting Complainant?s business.
In fact, the home page of <savagestupidity.com> proudly states:
Latest update: SavageStupidity.Com now prominently ranked on Google! Type in "Michael Savage" or "savage nation" or "Micheal Savage" or "the savage nation" and we're on the first page of results! We are generating hundreds of visitors a day as a result.
[See http://www.savagestupidity.com/]
[b.] Respondent does not have any rights or legitimate interests in the <savagestupdity.com> domain name.
Complainant has established rights in the MICHAEL SAVAGE mark by contract with the registrant. Respondent is not a licensee of the Complainant. Complainant has never authorized or licensed Respondent to use it?s corporate or trade name in any manner at all.
Respondent does not use the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services.
Respondent is not commonly known by the domain name. Respondent is not, and never has been, known as MICHAEL SAVAGE.
Complainant?s prior rights in the trademarks and domain names precede Respondent?s registration in the name <savagestupidity.com>, which was registered on April 29, 2002, over two months after the MICHAEL SAVAGE trademark were registered with the USPTO.
Respondent is not making a legitimate noncommercial or fair use of the domain name. Respondent?s only intent is to tarnish the MICHAEL SAVAGE mark in some fashion and to disrupt the business of Complainant. The sole purpose of Respondent?s web site is to persuade Web users to contact sponsors of the MICHAEL SAVAGE radio program and request that sponsors stop advertising their products and services on the MICHAEL SAVAGE radio show. The following is an excerpt from a sample boycott letter posted on Respondent?s web site:
Dear [company name],
I would like to express my complete and utter disgust that you are sponsoring the racist, sexist, homophobic, and otherwise hateful rantings of Michael Savage and his "Savage Nation" radio show. Is this the image you want to promote to the public?
[See http://www.savagestupidity.com/]
Respondent then urges Web users to ?Copy and paste this into your email or word processing program, then modify to suit. Personalization is good.? Respondent then provides Web users with a list of names, addresses, telephone numbers, and e-mail addresses for each advertiser or sponsor who has appeared on the MICHAEL SAVAGE radio program. Respondent?s web site then ?brags? about the number of sponsors it has persuaded to stop advertising on the MICHAEL SAVAGE radio program.
Respondent is also using <savagestupidty.com> to sell merchandise, including hats, t-shirts, coffee mugs, aprons, license plate frames, and clocks emblazoned with the words ?savagestupidty.com?. The Respondent?s domain name also recommends and displays books that Web users may purchase by providing a direct link to purchase the book at <amazon.com>.
Respondent is also soliciting donations from Web users through the Amazon? Honor System. By clinking on the donate button provided by <savagestupidity.com>, Web users are directed to an <amazon.com> website which tells Web users who are considering donating money that ?You are paying: Thomas [Sender].? The web site does not provide information as to what the donations are used for. Presumably, these donations are being placed in the pocket of Respondent. Web users may be confused as to the origin and sponsorship of <savagestupidity.com>.
This is not a legitimate noncommercial or fair use of the domain name.
[c.] Respondent registered and used the <savagestupidity.com> domain name in bad faith.
Respondent has registered the domain name primarily for the purpose of disrupting the Complainant?s business. Respondent?s use of the domain name is disrupting to Complainant in that Complainant, having a duty to protect the trademark MICHAEL SAVAGE under U.S. Trademark Law, has been forced to bring this proceeding and protect itself from infringement and consumer confusion.
Respondent is also using the domain name to intentionally attract, for commercial gain, Internet users to Respondent?s web site or other on-line location, by creating a likelihood of confusion with Complainant?s mark as to the source, sponsorship, affiliation, or endorsement of Respondent?s web site or location or of a product or service on Respondent?s web site or location. As stated above, the Respondent proudly states that an Internet search for MICHAEL SAVAGE will display <savagestupidity.com>. Respondent also states that this deception is creating ?hundreds of visitors a day? to the web site. Once these Internet users are misled to <savagaestupidity.com>, they are bombarded with advertisements to purchase products sponsored by Respondent?s web site and to donate money directly to Respondent.
[6.] REMEDY SOUGHT
Complainant requests that the Panel issue a decision that the domain-name registration be transferred to the Complainant.
[7.] OTHER LEGAL PROCEEDINGS
None.
[8.] COMPLAINT TRANSMISSION
Complainant asserts that a copy of this Complaint, together with the cover sheet as prescribed by NAF?s Supplemental Rules, has been sent or transmitted to the Respondent [Sender], in accordance with ICANN Rule 2(b).
[9.] MUTUAL JURISDICTION
Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the location of the principal office of the concerned registrar.
Respectfully submitted,
TALK RADIO NETWORK, INC.
By: ______________________
One of its Attorneys
Date: April __, 2003
[Private]
KANE, LADUZINSKY & MENDOZA, LTD.
225 West Washington Street
Suite 1100
Chicago, Illinois 60606
(312) 726-2322
CERTIFICATION
Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute?s resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the National Arbitration Forum and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.
Complainant certifies that the information contained in this Complaint is to the best of Complaint's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.
TALK RADIO NETWORK, INC.
By: _______________________
Its:________________________
Date: April __, 2003
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