Generic Top Level Domain Name (gTLD) Decisions

Network One
COMPLAINANT,

vs.

Box One Productions
RESPONDENT.

DECISION
Claim No. FA0005000094803

PARTIES

The complainant is Network One. The respondent is Box One Productions.

REGISTRAR AND DISPUTED DOMAIN NAME(S)

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

PANELIST(s) Honorable Timothy D. O’ Leary  (Ret.) As Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum (The Forum) electronically on May 10, 2000; The Forum received a hard copy of the Complaint on May 10, 2000.

On May 13, 2000, Network Solutions confirmed by e-mail to The Forum that the domain name(s) networkone.com is registered with Box One Productions and that the Respondent is the current registrant of the name.

On May 22, 2000, a Notification of Complaint and Commencement of Administrative proceeding (the Commencement Notification), setting a deadline of June 15, 2000, by which Respondent could file a Response to the Complaint, was transmitted to respondent via email, post and fax, and to all entities and persons listed on Respondent’s registration as technical, administrative, zone and billing contacts by email.

On June 15, 2000, having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the WPIO Center transmitted to the parties a Notification of Respondent Default.

On June 14, 2000, pursuant to Complainant’s request to have the dispute decided by a Single member panel, The Forum appointed Honorable Timothy O’Leary (Ret.) As Panelist(s).

Having reviewed the communications records in the case file, the Panelist finds The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules Ato employ reasonably available means calculated to achieve actual notice to respondent.

Therefore, the Panel issues his Decision based on the Complaint, the Policy, the Uniform Rules, The Forum Supplemental Rules, and without the benefit of any Response from Respondent.

FACTUAL BACKGROUND

Complainant registered the domain name networkone.com on January 10, 1995.  Respondent registered networkone.com on August 15, 1995.  This registration is identical to Complainant’s  Respondent offers similar telecommunication services.  Respondent has not used its registration since August 1995.

PARTIES CONTENTIONS

A.  Complainant.

Paragraph 4(a) of the Policy directs that the complainant must prove each of the following:

(1) that the domain name registered by the respondent is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(2) that the respondent has no legitimate interests in respect of the domain name; and

(3) the domain name has been registered and used in bad faith.

Complainant states that the facts set forth above can cause them harm because of the confusion, mistake and deception that can occur and thus there is an infringement of their trademark.  In addition, it contends that nonuse of the registration by Respondent since August 1995 is cyber-squatting.

B.  Respondent is in default

DISCUSSION AND FINDINGS

Paragraph 4(a) of the Policy directs that the complainant must prove each of the following:

(1)  that the domain name registered by the respondent is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(2)  that the respondent has no legitimate interests in respect of the domain name; and

(3) the domain name has been registered and used in bad faith.

In arriving at the conclusion that Complainant has met the burden of proving the elements set out above, I considered that Respondent’s default in this proceeding justifies the inference that theses contentions are true and I deem them to be admitted.

DECISION

It is therefore Ordered that the domain name of networkone.com be transferred to Complainant Network One.

Dated:  June 28, 2000                          Timothy D. O’Leary, Arbitrator