Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Oly Holigan, L.P., Dallas, TX, USA ("Complainant") represented by Stephen L. Sapp, Locke, Liddell & Sapp LLP. The Respondent is Private, Moscow, RUSSIA ("Respondent").

The domain name at issue is "michealholligan.com" registered with Bulkregister.

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 Ralph Yachnin, as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("the Forum") electronically on November 6, 2000; The Forum received a hard copy of the Complaint on November 7, 2000.

On 11/7/00, Bulkregister confirmed by e-mail to the Forum that the domain name(s) "michealholligan.com" is registered with Bulkregister and that the Respondent is the current registrant of the name. Bulkregister has verified that Respondent is bound by the Bulkregister registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On November 8, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of November 28, 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@michealholligan.com by e-mail.

Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the Forum transmitted to the parties a Notification of Respondent Default.

On December 4, 2000, pursuant to Complainant’s request to have the dispute decided by a One Member panel, the Forum appointed Judge Ralph Yachnin, as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum’s Supplemental Rules and any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

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

Complainant’s contentions are listed as follows:

B. Respondent

Respondent failed to provide the Panel with any submissions regarding the domain name in question.

Paragraph 15(a) of the Rules instructs the Panel to:

As such, the Panel will base its findings and conclusions on the Complaint, UDRP and other legal precedent and reasonable assertions of law. The Panel concludes that the Respondent does not deny the assertions set forth in the Complainant.

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 Respondent’s domain name is distinguishable from the Complainant’s marks only by noting the Respondent’s juxtaposition of the letters "AE" to "EA" in the word "MICHAEL," and its additional letter "L" in the word "HOLIGAN." Therefore, Respondent’s domain name and Complainant’s marks are substantially identical, or at minimum, confusingly similar. See Bama Rags, Inc. v. Zuccarini, FA 94380 (Nat. Arb. Forum May 8, 2000) (finding that the domain names, <davemathewsband.com> and <davemattewsband.com>, are common misspellings and therefore confusingly similar); State Farm v. Try Harder & Co., FA 94730 (Nat. Arb. Forum June 15, 2000) (finding that the domain name <statfarm.com> is confusingly similar to the Complainant’s mark "State Farm").

Respondent’s domain name does not resolve to a web site, which actually uses the name "MICHEALHOLLIGAN" nor does it resolve to a web site that offers products or services under the name "MICHEALHOLLIGAN.COM". In fact, the Respondent does not provide any bona fide products and services in connection with the domain name. Instead, the domain name is linked to other websites. Based on this, the Panel concludes that the Respondent cannot claim any rights or legitimate interests in the name under the standards set by Policy ¶ 4.c.

Respondent has been using its domain name to deceive consumers and misappropriate the goodwill of Complainant by redirecting the Complainant’s consumers and potential consumers to commercial web sites which are not affiliated with Complainant and leading consumers to believe that such sites are affiliated with, or otherwise sponsored or approved by Complainant. Policy ¶ 4.b.(iv). See Anne of Green Gable Licensing Authority, Inc. v. Internetworks, AF-00109 (eResolution June 12, 2000) (finding bad faith where Respondent used the domain name <anneofgreengables.com> to link users to a website that contains information about the Anne of Green Gables literary works, motion pictures and the author, L. M. Montgomery, where a visitor to the website may believe that the owner of the mark ANNE OF GREEN GABLES is affiliated with or has sponsored or endorsed Respondent's web site). Based upon this, the Panel concludes that the Respondent registered and used the domain name in bad faith.

Having established all three elements required by the ICANN Policy Rule 4(a), it is the decision of the panel that the requested relief be granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain name michealholligan.com be transferred from the Respondent to the Complainant.