Generic Top Level Domain Name (gTLD) Decisions

The Complainant is SS8 Networks, Inc. , San Jose, CA, USA ("Complainant"). The Respondent is Qiu Shengjie, USA ("Respondent").

The domain name at issue is "ss8.com", registered with Network Solutions.

The Panelist certifies that he or she has acted independently and impartially and to the best of his or her knowledge, has no known conflict in serving as the panelist in this proceeding.

Judge Irving H. Perluss (Retired) is the Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on August 30, 2000; The Forum received a hard copy of the Complaint on August 30, 2000.

On September 5, 2000, Network Solutions confirmed by e-mail to The Forum that the domain name "ss8.com" is registered with Network Solutions and that the Respondent is the current registrant of the name. Network Solutions has ver ified that Respondent is bound by the Network Solutions 5.0 registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Dispute Resolution Policy ("Policy").

On September 5, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of September 25, 2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@ss8.com by e-mail.

On September 27, 2000, pursuant to Complainant’s request to have the dispute decided by a One Member panel, the Forum appointed Judge Irving H. Perluss (Retired) as Panelist.

The Complainant requests that the domain name be transferred from the Respondent to the Complainant.

A. Complainant

1. The domain name "ss8.com" is identical to and confusingly similar to Complainant’s trademark. Complainant has used its mark in commerce since April 1999, and it applied for registration of its mark on April 21, 1999, with the United States Patent and Trademark Office.

2. Respondent has no rights or legitimate interest in the domain name because he has not satisfied any of the factors listed in Paragraph 4(c) of the Policy.

3. Respondent has registered and used the domain name in bad faith because he is holding the domain name for sale, along with many other domain names.

B. Respondent

1. While the domain name "ss8.com" may be identical to Complainant’s mark, the mark is not famous, and Respondent had never heard of Complainant when he registered the domain name in issue.

2. Respondent registered the domain name in issue on March 9, 2000, prior to any attempted registration by Complainant and, accordingly, he has rights and a legitimate interest in the domain name.

3. Respondent had no intent to deceive and he did not register nor is he using the name in bad faith. He does not want to sell the domain name.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(2) the Respondent has no rights or legitimate interests in respect of the domain name; and

(3) the domain name has been registered and is being used in bad faith.

It has been held that the ".com" top level domain indicator normally is of no importance in distinguishing the marks. [See, Brookfield Communications, Inc. v. West Coast Entertainment Corp. (9^th Cir., 1999) [1999] USCA9 225; 174 F.3d 1036, 1055, 50 U.S.P.Q. 1545, 1558.]

The Panelist cannot find that Respondent could demonstrate any of the factors listed, nor can he establish any other basis for finding that he has rights and a legitimate interest in the domain name.

The domain name in issue is "for sale" by Respondent. He, clearly, is "shopping around" for the best price.

This is classic "cybersquatting" demonstrating bad faith registration and use condemned by court decisions. [Panavision Int’l, L.P. v. Toeppen (9^th Cir., 1998) holding names for sale is "bad faith use" 141 F .3d 1316, 1325); by the recently enacted Anticybersquatting Consumer Protection Act [15 U.S.C. 1125(d)(1)(A) and (1)(B)(i)(vi); and by the "Policy" [Paragraph 4b(i).]

Based on the above findings and conclusions, and pursuant to Rule 4(i), it is decided that the domain name "ss8.com" registered by Respondent Qiu Shengjie shall be transferred to Complainant SSI Networks, Inc.