The Complainant is attempting to revive the fortunes of the KittingerCompany, which had fallen on hard times and ceased operations for a period.Respondent is in the business of purchasing, re-conditioning and re-sellingfurniture that was manufactured by the Complainant's predecessors. Respondent contests the ability of Complainant to benefitfrom the priority of the above registrations due the long history of serialassignments and period of non-use.
All of Complainant's marks arefor office furniture, dining room furniture, living room furniture andbedroom furniture. 1,124,516 for KITTINGER OLD DOMINION, therenewal application for which is pending due to a USPTO request for provisionof details concerning non-use of the mark. The Complainant is a manufacturer of furniture and is the owner byassignment of Canadian Trademark Reg. Kittinger Furniture Serial Numbers In Numbers The panel also received an e-mail exchange between the partieson April 14, 2000. The Panelist grantedthe request and the Complainant's Rebuttal was filed on March 28, 2000and the Respondent's Response to Complainant's Rebuttal was filed on April11, 2000. The detailsof the procedural record are found in the letter dated MafromEmmanuelle Letourneau of eResolution to the Panelist (attached hereto).In addition to the filings detailed in the attached letter, the Partiesrequested permission to submit additional pleadings. The Complaint was filed electronically on February 4, 2000. Respondentis Kittinger Collector, with a place of business at 10876 Hillside RoadAlta Loma, CA 91737 and is represented by counsel in this matter (Ladas& Parry, Los Angeles, CA). whose place of businessis at 2495 Main Street, Buffalo, NY 14214 and is represented by counselin this matter (Magavern, Magavern & Grimm, LLP of Buffalo, NY). The Complainant is Kittinger Company, Inc. This case is closely related on the facts toThe Kittinger Company, Inc. The domain registrations at issue in thispanel decision are and, both registeredby Network Solutions, Inc. This is a domain name dispute under the ICANN Uniform Domain Name DisputeResolution Policy (the 'UDRP').
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