Factual Background
Complainant Wal-Mart Stores, Inc. is the worldââ¬â¢s largest retailer. Complaint, Annex C. The late Sam Walton was its founder and CEO. He has been the subject of at least six books and many articles. Complaint, Annexes D, E, and F. The University of Arkansas has named its business school after Mr. Walton. Complaint, Annex G. Prior to his death Mr. Walton was on the cover of Fortune Magazine, and he has received many posthumous awards and honors.
Complainant Wal-Mart Stores, Inc. uses SAM WALTON as a common law trademark for toy trucks that it markets, in connection with its ââ¬ÅSamââ¬â¢s Clubââ¬Â subsidiary which operates 500 membership retail stores in the United States, and in connection with its SAMââ¬â¢S CHOICE line of groceries, on which Sam Waltonââ¬â¢s name, business philosophy, and signature appear. Complaint, Annexes J, K, and L.
Respondent registered the domain name at issue on August 22, 2004. Complaint, Annex A. Respondent uses the domain name at issue to resolve to a web site which serves as a link farm service. Complaint, Annex O. The web site also contains links to Complainantââ¬â¢s web sites.
Respondent has registered numerous domain names which are the trademarks or service marks of others. Complaint, Annex N.
On November 19, 2004, Complainant sent Respondent a cease and desist letter. Respondent did not reply to this letter. Complaint, Annex P.
5. Partiesââ¬â¢ Contentions
A. Complainant
Complainant contends that the domain name at issue is confusingly similar or identical to a service mark or trademark in which Complainant has rights, that Respondent has no rights or legitimate interests in respect of the domain name at issue, and that Respondent has registered and is using the domain name in bad faith.
B. Respondent
The Respondent did not reply to the Complainantââ¬â¢s contentions.
