Generic Top Level Domain Name (gTLD) Decisions

The Complainant is John Schoof, Des Moines, WA, USA ("Complainant"). The Respondent is CyberCoupons.com, Inc., Houston, TX, USA ("Respondent") represented by Keith A Ketterling, Stoll Stoll Berne Lokting & Shlachter P.C.

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

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge, have no known conflict in serving as panelists in this proceeding.

Richard DiSalle (Chair)

Paul A. Dorf

John A. Bender, Jr.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on September 21, 2000; The Forum received a hard copy of the Complaint on September 18, 2000.

On September 21, 2000, Network Solutions confirmed by e-mail to The Forum that the domain name cybercoupons.com is registered with Network Solutions and that the Respondent is the current registrant of the name. Network Solutions has verified 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 ICANNís UDRP.

On September 22, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of October 12, 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 Respondentís registration as technical, administrative and billing contacts, and to postmaster@cybercoupons.com by e-mail.

On October 26, 2000, pursuant to Complainantís request to have the dispute decided by a Three Member panel, the Forum appointed the above named Panelists.

By Order dated November 2, 2000, the time for filing the Panelistsí decision was extended to November 17, 2000.

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

A. Complainant asserts that he should be granted the domain name "cybercoupons.com" because he is the putative owner of a trademark and tradename, "cyberqpons.com." Complainant asserts that his registered mark and domain name are identical to that previously held by the Respondent. Furthermore, because of contractual and financial disputes among various parties including Complainant, that Complainant has shown sufficient bad faith. Complainant argues that because he has operated his business under "cyberqpons" that he has legitimate interests in the "cybercoupons.com" name and business of Respondent.

B. Respondent asserts that Complainant is the wrong party-in-interest; that Complainant has fabricated evidence in order to attempt to buttress a court proceeding in Oregon state court with this ICANN proceeding. Respondent asserts that "cybercoupons.com" pre-existed Complainantís domain name and business interests, and the "cybercoupons.com" name existed prior to Complainantís registration of "cyberqpons.com."

Furthermore, Respondent asserts that Complainant seeks relief outside the scope of relief allowed in this administrative proceeding, that relief in effect being the enforcement of certain alleged contractual obligations.

The panel finds that Complainant has failed to meet its burden in this administrative forum.

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.

The Arbitration Panel finds for these purposes only that the domain name may be confusingly similar; however, any confusion was caused by Complainantís registration of cyberqpons.com subsequent to Respondentís registration of the subject domain name. That does not support the relief sought. Marney, et al. v. Golf Warehouse, FA 94419 (Nat.Arb.Forum May 9, 2000).

Complainant by his arguments has shown that he may have rights and/or legitimate interests in cybercoupons.com.

Complainant has failed to put forth evidence that Respondentís registration and use of the domain name "cybercoupons.com" was in bad faith of any sort. Respondent registered Cybercoupons.com before complainant registered the analogous domain name. The alleged contractual wrongdoing and/or unfair competition issues raised in Complainantís papers are not before this panel, and this panel may not take jurisdiction over matters outside the purview of the UDRP process. Issues of Complainantís contractual entitlements are pending before an Oregon state court for final determination.

The Panel unanimously concludes that Complainantís domain name claim must be denied and dismissed without prejudice to refile after findings of fact and conclusions of law are made in the Oregon state court proceeding.