Generic Top Level Domain Name (gTLD) Decisions

MONDERA.COM, INC
COMPLAINANT,

vs.

MIADORA
RESPONDENT.

The above entitled matter came on for an administrative hearing on June 27, 2000,  before the undersigned on the Complaint of Mondera.com, Inc., (“Complainant”) against Miadora, (“Respondent”).  Upon the written submitted record, which includes only the Complaint, the following DECISION is rendered:

PROCEDURAL FINDINGS

U.S. Trademark Registration Serial No.:           75/764,121 and 75/764,122 (pending)

Trademark Applicant/Owner:                            Mondera.com, Inc.      

Registration Date:                                             July 23, 1999  

Registration Name:                                           MONDERA and MONDERA.COM  

Domain Name:                                     MONDERAAUCTION.COM and MONDERAAUCTIONS.COM

Domain Name Registrar:                                   Network Solutions

Domain Name Registrant:                                 Miadora

Date of Domain Name Registration:                  November 8, 1999

Date Complaint Filed:                                       May 18, 2000

Date Complaint Commenced:                           May 19, 2000

Date Response to Complaint Filed:                   No response provided

After reviewing the complaint, and determining it to be in administrative compliance, the National Arbitration Forum (“Forum) forwarded the complaint to the respondent in compliance with Rule 2(a)^[1] and the administrative proceeding was commenced pursuant to Rule 4(c).  In compliance with Rule 4(d), the Forum timely gave notice that the administrative proceeding had commenced.  The complainant elected to have this administrative proceeding conducted by a single arbitrator and paid the appropriate fee for same.  The Complaint was docketed and forwarded to the undersigned arbitrator for decision.

FINDINGS OF FACT

1.         Mondera is an online retailer specializing in fine jewelry, diamonds, watches, estate jewelry, gems and other luxury items and gifts.  Since at least as early as late July, 1999, Mondera has been conducting its business from a website using the domain name MONDERA.COM.

2.         The MONDERA.COM domain name was registered by GemKey America Corp., a related company to Mondera, in late June, 1999.  That domain name registration has since been transferred to Mondera.

3.         Based on its use of the MONDERA name and mark in connection with its fine jewelry business, Mondera owns common law trademark and service mark rights to the use of the mark MONDERA.  In addition, on July 23, 1999, Mondera filed intent-to-use applications in the United States Patent and Trademark Office for the service marks MONDERA and MONDERA.COM.  Those applications, Serial Nos. 75/764,121 and 75/764,122, are currently pending.

4.         Respondent registered the domain names MONDERAAUCTION.COM and MONDERAAUCTIONS.COM on or about November 8, 1999, after Respondent knew or should have known that Mondera had begun conducting business using the MONDERA.COM domain name and after Mondera had filed its service mark applications.

5.         The domain names are confusingly similar to Mondera’ name and service mark, and Respondent is using the names to misleadingly divert Internet users to Respondent’s own online retail jewelry store at MIADORA.COM.

6.         Respondent has no trademark or other intellectual property rights in the domain names MONDERAAUCTION.COM and MONDERAAUCTIONS.COM.  Neither of the domain names consists of Respondent’s legal name or a name that is otherwise commonly used to identify Respondent.

7.         Respondent does not use, nor has it demonstrated any preparations or intent to use, the domain names MONDERAAUCTION.COM and MONDERAAUCTIONS.COM in connection with a bona fide offering of goods or services.

8.         As noted, the Respondent filed no response to the Complaint.

CONCLUSION

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

1. The domain names MONDERAAUCTION.COM and

MONDERAAUCTIONS.COM are the same or confusingly similar.

2.         Respondent has no rights or legitimate interests in respect to the name it has been                       using.

3.         Respondent has registered and is using the name MONDERAAUCTION.COM                       and MONDERAAUCTIONS.COM in bad faith.

DECISION

AND NOW, this 27th day of June, 2000, based upon the above findings and conclusions, and pursuant to Rule 4(i) of the ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum’s Supplemental Rules to ICANN’s Uniform Domain Resolution Policy, it is decided as follows:

THE UNDERSIGNED ORDERS THAT THE DOMAIN NAMES, MONDERAAUCTION.COM and MONDERAAUCTIONS.COM, REGISTERED BY RESPONDENT, MIADORA,  BE FORTHWITH TRANSFERRED TO COMPLAINANT MONDERA.COM, INC.

Dated: June 27, 2000                                                  Honorable Richard DiSalle, Arbitraor