Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Bank of America Corporation, Charlotte, NC, USA ("Complainant"). The Respondent is Cybersquare.com, Kendall Park, NJ, USA ("Respondent").

The domain name at issue is "WWWNATIONSBANK.COM", registered with Network Solutions Inc ("NSI").

The Panelist certifies that she has acted independently and impartially and to the best of her knowledge, has no known conflict in serving as the panelist in this proceeding.

Honorable Carolyn Marks Johnson sits as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 07/06/2000; The Forum received a hard copy of the Complaint on 07/05/2000.

On 07/11/2000 confirmed by e-mail to The Forum that the domain name "WWWNATIONSBANK.COM" is registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 4.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On 07/12/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/01/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, and to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts by e-mail.

On 08/02/2000, 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 08/03/2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Honorable Carolyn Marks Johnson 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.

A. Complainant

The Complainant contends that the Respondent has registered a domain name that is confusingly similar to its trademark registered for and in use by the Complainant. Further, the Complainant contends that the Respondent has no rights or legitimate interests to the domain name, and that the respondent has registered and is using the domain name in bad faith.

The Respondent submitted no response in this matter. As a result, all reasonable inferences of fact in the allegations of the Complainant will be deemed true.

The Complainant and its predecessors, Bank America Corporation and NationsBank Corporation, are a large bank holding company in the United States and a well known financial institution. The Complainant owns several U.S. registered trademarks including the mark, NATIONSBANK (Registered 05/19/1992; No. 1,688,466). The Complainant also owns the domain name <nationsbank.com> and uses this domain name to direct users to its principal website.

The Respondent registered the domain name on February 3, 2000. The Respondent offered to sell the said domain name to the Complainant for $120,000.

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 Complainant has rights in the mark Nations Bank. The Respondent’s domain name is confusingly similar to the Complainant’s mark. It takes advantage of a typing error (eliminating the period between the www and the domain name) that users commonly make when searching on the Internet. See Bank of America Corporation v. InterMos, FA 95092 (Nat. Arb. Forum Aug. 1, 2000) (finding that <wwwbankofamerica.com> is confusingly similar to Complainant’s mark).

The Complainant asserts that the Respondent has no rights or legitimate interests in the domain names in question. The Respondent has not denied that assertion.

The domain name in question is not a mark by which the Respondent is commonly known. Policy ¶ 4(c)(ii). The Respondent is not a financial institution and has never been licensed or granted permission from the Complainant to use its marks. See Compangnie de Saint Gobain v. Com-Union Corp., D2000-0020 (WIPO Mar. 14, 2000) (finding no rights or legitimate interest where Respondent was not commonly known by the mark or never applied for a license or permission from the Complainant to use the trademarked name).

The Respondent has made no claim that it is using the domain name in connection with a bona fide offering of goods and services or is making a legitimate noncommercial or fair use of the site. Policy ¶ 4(c)(i), (iii). Rather, the Respondent is using the Complainant’s mark for its profit.

For these reasons, the panel concludes that the Respondent has no rights or legitimate interest in the domain name in question.

The Complainant asserts that the Respondent acted and is acting in bad faith. The Respondent has not denied that assertion.

Correspondence by the Respondent shows Respondent’s intent to sell the domain name for $120,000. The Respondent registered and is using the name in question for the purpose of selling it to the Complainant or the Complainant’s competitors, for valuable consideration in excess of out-of-pocket costs. Policy ¶ 4(b)(i). See EAuto, Inc. v. Available-Domain-Names.com, d/b/a Intellectual-Assets.com, Inc., D2000-0120 (WIPO April 13, 2000).

Based on the preceding facts, the panel finds that the Respondent registered and is using 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, "WWWNATIONSBANK.COM" be transferred from the Respondent to the Complainant.

Honorable Carolyn Marks Johnson