Commercial Publishing Co., Inc.
COMPLAINANT,

vs.

Webicons, Inc.
RESPONDENT.

DECISION
Forum File No.: FA0005000094825

The above matter came on for an administrative hearing on June 19, 2000 before the undersigned on the Complaint of Commercial Publishing Co., Inc., hereafter "Complainant", against Webicons, Inc., hereafter "Respondent". Neither party was represented by an attorney.

            Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: THELAWYERSLIST.COM

Domain Name Registrar: Network Solutions

Domain Name Registrant: Webicons, Inc.

Date of Registration: April 14, 1999. 

Date Complaint Filed: May 15, 2000.

Date of Commencement of Administrative Proceeding: May 22, 2000.

Date of Response: Respondent sent an e-mail response that did not address the issues involved in this case.

Remedy requested by Complainant: Transfer of Domain Name to Complainant.

            After reviewing the Complaint and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c).  In compliance with Rule 4(d), The Forum immediately notified Network Solutions, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced.  Respondent sent an e-mail response that did not address the issues involved in this case.

            The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain name.  By registering its domain name with Network Solutions, the Respondent agreed to resolve any dispute regarding its domain name through ICANN'S Uniform Domain Name Dispute Resolution Policy. 

FINDINGS OF FACT

1. The Complainant Commercial Publishing Co., Inc. is the registered owner of the trademark "The Lawyers List" and has owned and used that mark since 1904.

2. The Respondent registered the domain name THELAWYERSLIST.COM on April 14, 1999.

3.  On November 30, 1999, the Respondent listed the domain name THELAWYERSLIST.COM on a web page shown as http:\\20917618739/legal.htm, under the topic "Legal Domain Names" with the instruction to click on any domain name and when the name you are interested in appears, make us an offer.

4. The domain name is not identifiable to any product, service or web-site managed or operated by the Respondent.

5. The Respondent's domain name THELAWYERLIST. COM is identical or confusingly similar to the Complainant’s established trademark.

6. The Respondent has no legitimate interests in respect of the domain name.

7. The Respondent's e-mail response to the Complaint did not address any of the issues raised in this case.  The failure to file any meaningful response to the complaint coupled with the fact that it listed the domain name for sale permits an inference that registration of the domain name was done primarily for the purpose of selling or otherwise transferring the domain name registration to the Complainant, who is the owner of the trademark for a valuable consideration in excess of any documented out-of-pocket costs directly related to the domain name.  This constitutes registration and use of a domain name in bad faith.

8. The Complainant's prayer for relief requests that the domain name THELAWYERSLIST.COM be transferred from Respondent to Complainant. 

CONCLUSIONS

            The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding.  Having been duly selected and being impartial, the undersigned makes the following findings and conclusions:

1. The domain name THELAWYERSLIST.COM registered by Respondent on April 14, 1999, with Network Solutions, is identical to Complainant's name and is confusingly similar to a trademark in which the Complainant has rights, and to which the Respondent has no right or legitimate interests.

2. The domain name THELAWYERSLIST.COM was registered and is being used in bad faith in that the Respondent registered the name primarily for the purpose of selling or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or to a competitor for valuable consideration in excess of documented out-of-pocket costs directly related to the domain name.

DECISION

            Based upon the above findings and conclusions, and pursuant to Rule 4(I), it is decided as follows:

            THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME THELAWYERSLIST.COM, REGISTERED BY RESPONDENT WEBICONS, INC. BE TRANSFERRED TO COMPLAINANT COMMERCIAL PUBLISHING CO., INC.

Dated: June 21, 2000, by Judge Daniel B. Banks, Jr.(Ret.), Arbitrator.