Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com

Hewlett Packard Company,

Complainant

vs.

Ruben Moreno,

Respondent

DOMAIN NAME DISPUTE ADMINISTRATIVE PANEL DECISION

Forum File Number FA # 94372

The above entitled matter came on for an administrative hearing on April 28, 2000, before the undersigned arbitrator in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy and Rules. The arbitrator certifies that he has no conflict of interest in this matter. After due consideration of the written record as submitted, the following decision was made:

PROCEDURAL FINDINGS

Domain Name: Openview.net

Domain Registrant: Ruben Moreno Date: October 23, 1998

Domain Registrar: Network Solutions, Inc.

This action was commenced by the Complainant filing its complaint with the National Arbitration Forum (The Forum) on March 28, 2000. Thereafter, following a compliance review made in accordance with ICANN Rule 4, all necessary parties were duly notified of the commencement of the administrative proceedings. Respondent was advised that he would be considered in default if he failed to respond within twenty (20) days of receiving the Complaint. The Respondent was advised of the consequences of default and also that the last day for sending his response to the Complainant and The Forum was April 18, 2000.

By way of relief, Complainant asks that the domain name be transferred to the Complainant.

FINDINGS OF FACT

By virtue of the Respondent’s failing to respond he is now in default and the allegations of the Complainant are deemed to be true, to wit:

1. The Complainant is the owner of the mark "Openview" registered with the United States Patent and Trademark Office (USPTO) in connection with computer programs for use with network systems and use manuals supplied therewith in International Class 9. The mark was first used in interstate commerce on February 15, 1989, with the trademark application being filed on June 21, 1991

2. Hewlett Packard (H-P) has the exclusive right to use and license the "Openview" mark. H-P began using the term "Openview in connection with its computer programs in 1989 and has continuously used the mark since that date. H-P has invested a substantial effort over a long period of time, including the expenditure of substantial dollars, to develop good will in the mark to cause consumers throughout the United States to recognize the "Openview mark as distinctly designating Hewlett Packard products.

3. Moreno registered the domain name "openview.net" with Network Solutions on October 23, 1998. The site represented by this domain name is currently inactive. The name is confusingly similar to the mark in which the Complainant has rights, being merely a combination of the Complainant’s mark "Openview" and a common URL suffix.

4. The Respondent has no rights or legitimate interests in the domain name, which was registered in bad faith due to the fact that Respondent has intentionally attempted to attract Internet users to its web site by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation or endorsement of its web site or of a product on its web site.

CONCLUSION

DECISION

After carefully reviewing the submittals, it appears that the Respondent has registered a domain name which is identical or confusingly similar to The Complainant’s mark; the Respondent has no rights or legitimate interests in respect of the domain name which is the subject of the Complaint; and, the domain name was registered and used in bad faith. Therefore, the domain name "openview.net" should be transferred to the Complainant.

Louis E, Condon, Arbitrator

April 28, 2000

Charleston, SC