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Recent Domain Name Dispute Resolution Decisions:
Hawaii Community Federal Credit Union v. Texas Int’l Prop. Assocs.
Complainant, Hawaii Community Federal Credit Union, sought relief from Respondent for its registration and use of the <hawaiicommunityfcu.com> domain name. The Panel found the disputed domain name to be confusingly similar to Complainant’s HAWAII COMMUNITY FEDERAL CREDIT UNION trademark under Policy ¶ 4(a)(i). Respondent argued it was in the business of selecting and joining together descriptive, generic and geographic words and names to form domain names and host websites where advertising and information is provided corresponding to those registered domain names. In dispute was whether or not Respondent was aware of Complainant’s Hawaiian Credit Union at the time of registration of the disputed domain name. The Panel determined that “the probability of randomly forming the specific sequential combination here of two particular terms and an abbreviation that just happens to be a well-known equivalent for the rest of Complainant’s mark, is so small as to be negligible.” Accordingly, the Panel ordered the transfer of the disputed domain name to Complainant finding that Respondent lacked rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii) and registered and was using the disputed domain name in bad faith pursuant to Policy ¶ 4(a)(iii). Hawaii Cmty. Fed. Credit Union v. Tex. Int’l Prop. Assocs., FA 1210174 (Nat. Arb. Forum Sept. 3, 2008).