Gaspari Nutrition Wins Transfer of 31 Domain Names from Cybersquatter

WALTHAM, MA — During his hall-of-fame bodybuilding career, Rich Gaspari was known as “The Dragon Slayer.” That nickname recently proved to be prophetic, as Gaspari’s company, Gaspari Nutrition, Inc. of Lakewood, New Jersey, won the transfer of 31 domain names registered by a cybersquatter in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).

Representing Gaspari Nutrition in the case was Attorney Greg Krakau. Krakau praised the UDRP procedure for delivering “swift justice” to Gaspari Nutrition. The decision was issued just 39 days after the complaint was filed. Said Krakau, “The panel’s decision sends the unmistakable message that cyberpiracy doesn’t pay.”

How Gaspari Out-Muscled The Cybersquatters

Gaspari Nutrition is one of the world’s leading producers of dietary and nutritional supplements for bodybuilders and weightlifters.

Shortly after the rollout of its new MYOFUSION product at the Arnold Classic — Arnold Schwarzenegger’s annual bodybuilding extravaganza in Columbus, Ohio, in March of this year — Gaspari learned that an unauthorized party had registered 31 domain names consisting of “GASPARI” combined with MYOFUSION and/or other trademarks owned by Gaspari Nutrition, including ANAVITE, MITOTROPIN, SUPERPUMP 250, and SIZEON.

The identity of the registrant was initially protected by a proxy service, but Gaspari eventually learned that the registrant was SFS Solutions, Inc., of British Columbia, Canada. Gaspari filed its UDRP complaint with the National Arbitration Forum (“NAF”), alleging that SFS had engaged in the bad faith use and registration of domain names that were identical or confusingly similar to trademarks in which Gaspari had rights. On June 15, 2010, the NAF issued its decision upholding Gaspari’s claims and ordering the transfer of all 31 domain names.

The panelist found that “registering the disputed domain names so soon after a wave of publicity and new product announcement demonstrates opportunistic bad faith registration and use” under the UDRP.

The case is Gaspari Nutrition, Inc. v. SFS Solutions, Inc., FA 1323593 (Nat. Arb. Forum June 15, 2010).

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