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National Arbitration Forum Issues Decision on Jaclyn Smith Web Address.


MINNEAPOLIS -- A National Arbitration Forum The National Arbitration Forum (FORUM) [1] is an alternative dispute resolution provider that was founded in 1986 [2]. The organization administers arbitration and mediation services.  arbitrator rules in favor of Jaclyn Smith Jaclyn Smith (born October 26, 1947) is a Golden Globe-nominated American actress. She is best known for the role of Kelly Garrett in the television series Charlie's Angels (1976–1981).  and Jaclyn Smith International, Inc., regarding the Internet domain name An organization's unique name on the Internet. The chosen name combined with a top level domain (TLD), such as .com or .org, also called a "domain extension," makes up the Internet domain name. For example, computerlanguage.com is the domain name for the publisher of this Encyclopedia.  jaclynsmithhome.com

The National Arbitration Forum announced today that a ruling has been issued in favor of actress Jaclyn Smith, best known as a member of the original Charlie's Angels television show, and Jaclyn Smith International, Inc., a designer of clothing and domestic products, regarding rights to the Internet domain name jaclynsmithhome.com.

Jaclyn Smith and Jaclyn Smith International, Inc., represented by Stephen J. Strauss of Fulwider Patton Lee & Utecht, LLP LLP - Lower Layer Protocol , filed a complaint with the National Arbitration Forum on July 22, 2005 against Unasi, Inc. of Panama, asserting legal rights to the Web address jaclynsmithhome.com. The disputed domain name resolves to a website featuring links to third-party commercial websites that directly compete with Jaclyn Smith and Jaclyn Smith International, Inc.'s business.

Having received no response to the complaint from Unasi, a National Arbitration Forum arbitrator ruled in favor of Jaclyn Smith and Jaclyn Smith International, Inc. The Jaclyn Smith trademark has registrations with United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property  dating back to 1986. Unasi registered the domain name jaclynsmithhome.com on January 11, 2005.

The arbitrator found that Unasi did not have legitimate rights to, or interest in, the disputed Web address, and that the Web address was confusingly similar confusingly similar adj. in the law of trade marks, when a trade mark, logo or business name is so close to that of a pre-existing trade mark, logo or name that the public might mis-identify the new one with the old trade mark, logo or name.  to Jaclyn Smith's trademark. The arbitrator also found that Unasi was using the address in bad faith by presumably pre·sum·a·ble  
adj.
That can be presumed or taken for granted; reasonable as a supposition: presumable causes of the disaster.
 profiting from "click-through" fees for diverting Internet users to third-party commercial websites.

Jaclyn Smith and Jaclyn Smith International, Inc.'s Internet domain dispute is one of thousands heard each year by the National Arbitration Forum. The domain name dispute process is a popular alternative to lengthy and expensive trademark lawsuits.

A copy of the decision, Jaclyn Smith and Jaclyn Smith International, Inc. v. Unasi, Inc., is available for viewing on the National Arbitration Forum Web site at: http://www.arb-forum.com/domains/decisions/522853.htm.

About the National Arbitration Forum

The National Arbitration Forum is one of the world's leading providers of alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce  solutions, including arbitration and mediation, representing a distinguished panel of over 1,500 attorneys and retired judges in the U.S. and in 29 countries. Founded in 1986, the National Arbitration Forum administers more than 50,000 cases annually. Headquartered in Minneapolis, Minnesota, the National Arbitration Forum also has offices located in New Jersey and Los Angeles. Additional information is available at the National Arbitration Forum's Web site at www.arbitration-forum.com.
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Publication:Business Wire
Date:Sep 22, 2005
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