American Airlines Recaptures SHAREAAMILES.COM Domain Name from Cybersquatter

In the case of American Airlines, Inc. v. Jucco Holdings, FA 914853 (Nat. Arb. Forum Mar. 19, 2007), American Airlines successfully wrestled the shareaamiles.com domain name from a cybersquatter.

Complainant, American Airlines, Inc., is one of the world’s largest airlines. In connection with the provision of these services, Complainant has registered a number of trade and service marks with the United States Patent and Trademark Office (“USPTO”) including the SHAREAAMILES mark (Reg. No. 2,755,924 issued August 16, 2003).

Respondent registered the shareaamiles.com domain name on June 15, 2004. The disputed domain name resolved to a website featuring category links, some of which led to websites operated by airlines in competition with Complainant.

Turning first to the question of whether the domain name registered by Respondent was identical or confusingly similar to a trademark or service mark in which Complainant had rights, the Panel noted that the Complainant asserted rights in the SHAREAAMILES mark through registration with the USPTO. The Panel found that Complainant’s timely registration and subsequent use of the SHAREAAMILES mark sufficiently established rights in the mark for purposes of Policy ¶ 4(a)(i). Complainant further asserted that its SHAREAAMILES mark was identical to Respondent’s shareaamiles.com domain name. The disputed domain name contained Complainant’s mark in its entirety and merely added the generic top-level domain (“gTLD”) “.com.” The Panel found that the addition of a gTLD to an otherwise identical mark failed to establish distinctiveness in the mark pursuant to Policy ¶ 4(a)(i).

Turning next to the question of whether the Respondent had any rights or legitimate interests in the domain name at issue, the Panel noted that Complainant alleged that Respondent was using the disputed domain name to operate a website featuring links to commercial, third-party websites, some of which were competitors of the Complainant. Presumably, Respondent received referral fees for each misdirected Internet user. The Panel found that Respondent’s use of the disputed domain name was neither a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) nor a legitimate noncommercial use in accordance with Policy ¶ 4(c)(iii).

Furthermore, an investigation of Respondent’s WHOIS information revealed that the registrant of the shareaamiles.com domain name was “Jucco Holdings.” In lieu of any information proffered by Respondent to indicate otherwise, the Panel found that Respondent was not commonly known by the disputed domain name pursuant to Policy ¶ 4(c)(ii).

Turning lastly to the question of whether the domain name was registered and used in bad faith, the Panel noted that Internet users, presumably wishing to locate a website operated by Complainant, were likely to be confused as to the source of the resultant website. Further, Respondent’s use of the disputed domain name apparently redirected unsuspecting Internet users to competitors of Complainant. The Panel therefore found that Respondent’s actions constituted a disruption of Complainant’s business, thereby evincing registration and use in bad faith pursuant to Policy ¶ 4(b)(iii). Presumably, Respondent received monetary gain from its attempt to redirect Internet users to its website. The Panel found that Respondent’s use constituted an attraction for commercial gain, which further evinced registration and use in bad faith pursuant to Policy ¶ 4(b)(iv).

Having established all three elements required under the ICANN Policy, the Panel concluded that the shareaamiles.com domain name should be transferred to American Airlines.