Complainant and its predecessor in interest, Piper Aircraft Corporation, have for over sixty years been engaged in the business of the manufacture and sale of aircraft and aircraft parts, and, through authorized distributors and service centers, in the provision of aircraft maintenance and repair services, all under the Piper name and mark. However, Complainant's other egistrations relate to service marks or stylized logos issued after Respondent had acquired the domain name. Respondent is involved in the sale of new and used aircraft, including Piper aircraft. Although Respondent spoke with a representative of Complainant and left messages, Complainant never responded to the offer . Although Respondent did not believe that Complainant's rights were violated because Respondent did in fact sell Piper aircraft and has the right to inform the public of such by virtue of fair use defenses to trademark infringement, Respondent says it did not want to exasperate the situation and decided to revise the website to alleviate Complainant's concerns while the parties were attempting to resolve the matter.
Complainant asserts that the revision to the site evidences bad faith.
The revised site makes no reference to aircraft. Complainant still felt that its rights were somehow being violated, Respondent would consider settlement of the issued as offered by Complainant. Respondent's reply pointed out that it had acted within its rights in the use of the name. This was rejected by Complainant. Respondent is in the business of selling Piper aircraft and, as such, it has the right to inform consumers that it sells such aircraft.