NABP Wins Domain Dispute, Trademark Rights Upheld

A domain name dispute complaint involving unauthorized use of two NABP trademarks – NABP^® and VIPPS^® – has been decided in favor of the Association by the National Arbitration Forum. On June 13, 2012, NABP filed a complaint with the National Arbitration Forum against Tarien Kunkleman c/o YourNameMonkey.com (Respondent), regarding registration of the domain name nabpvipps.com, registered with ABSystems Inc. The domain resolves to a Web site that sells medication. NABP’s complaint asserted the Association’s rights to the trademarks NABP and VIPPS, and alleged that the disputed domain name is confusingly similar to its trademark(s), which function as symbols of origin for NABP services and its certification program for safe Internet pharmacies. Further, NABP alleged that the Respondent has no rights or legitimate interests in the disputed domain name and that the Respondent registered and used the disputed domain name in bad faith. NABP sought transfer of the disputed domain name to protect its valuable intellectual property rights and to protect the health and safety of the public. Respondent had until July 18, 2012 to respond to the complaint; however, the National Arbitration Forum did not receive a response from the Respondent. A National Arbitration Forum panelist reviewed the complaint, and issued a decision on July 28, 2012. The panelist found that “there is no commercial agreement between the parties and [NABP] has not authorized Respondent to use [NABP] trademark(s) or to register any domain name incorporating [NABP] trademark(s).” The panelist decided in favor of NABP and the National Arbitration Forum has ordered that the disputed domain name be transferred to NABP.