full complaint - Domain Name Wire

[7.] FACTUAL AND LEGAL GROUNDSThis Complaint is based on the following factual and legal grounds:[a.]UDRP Rule 3(b)(ix)(1); UDRP Policy 4(a)(i)[i.] Keith J. Miklas, President of The OVerus Organization("COMPLAINTANT"), is the owner of the OVERUS® United StatesFederal Certification Trademark ("OVERUS®"), registration number3579308. The OVerus Organization uses this certification mark toidentify brands that comply with the requirements set forth in itscertification process. OVERUS® has been in use for almost sevenyears, and its federal registration in force for over four years.[ii.] The OVerus emblem:[iii.] A copy of the trademark can be found in Annexation [A],"Certificate of Registration." The trademark registration can also befound via a "simple TESS trademark search" for "OVERUS" athttp://www.uspto.gov/.[iv.] COMPLAINANT recently discovered that RESPONDENT hasregistered and is holding overus.com as a World Wide Web domainname in violation of the Anticybersquatting Consumer Protection Actof 1999, which is embodied in the Lenham Act. You can find theACPA at http://www.law.cornell.edu/uscode/text/15/1129.[v.] The domain name overus.com both identical and confusinglysimilar to the registered trademark OVERUS®.[vi.] Since this is a certification mark indicating that goods orservice meet certain high standards – then it is even more importantthat the integrity of the mark be maintained and that unauthorizedthird parties not use the mark in a domain name and thereby dilute themark and mislead the public who may depend upon the mark becauseof the quality it implies.UDRPModelComplaint.rtf